Possession notices served before 1st May 2026

Prior to 1st May 2026, when a landlord wanted to end their tenancy, they would usually start possession proceedings by first serving a Section 21 notice.

This notice informed the tenant that the landlord would be able to apply to court if the tenant had not left on a specific date - typically just over two months after being served with the Section 21 notice. 

Unlike Section 8 notices, landlords did not need to give a reason for seeking possession. But they had to ensure they had met all the requirements for using a Section 21 notice before serving it.

From 1st May 2026, it is no longer possible to serve a valid Section 21 notice as they were abolished by the Renters' Rights Act when Assured Shorthold Tenancies converted into Assured Periodic Tenancies.

However, while you cannot serve a new Section 21 notices, if you served one of these notices prior to 1st May 2026, you can still apply to court for a short time if your notice is valid.  

Similarly, Section 8 notices served prior to 1st May 2026 are subject to the old rules. These are different from the rules for notices served on or after that date. You can still apply to court using an older Section 8 notice for a short time if that notice is valid. 

The guidance on this page is intended to help you check the validity of a Section 21 or Section 8 notice that you served before 1st May 2026 before you apply to court for a possession order. 

Notices served from 1st May 2026

On 1st May 2026, all Assured Shorthold Tenancies converted into Assured Periodic Tenancies (APT) unless the landlord served a valid Section 21 or Section 8 notice prior to this date.

Section 21 has now been abolished, and an APT can only be terminated by the landlord if they first serve a Section 8 notice. The possession grounds, notice periods, and form for serving a valid Section 8 notice has also changed. 

You must not serve a Section 21 notice or an older Section 8 notice form to end an APT. You can potentially be fined if you do so.

If you want to terminate an assured tenancy on or after this date, see our guidance on ending an assured periodic tenancy. 

As of 1 May 2026, the Renters' Rights Act is now in force.

From this date, Section 21 notices are abolished in the private rented sector, and it is no longer possible to serve a valid Section 21 notice.

Instead, you can only end your tenancy by serving a Section 8 notice that states one or more of the legal grounds for possession. 

The Section 8 notice has also changed, with new updated grounds, a new form you must use, and new notice periods when serving notice.

Transitional rules for Section 21 notices

If you served a Section 21 notice before 1 May 2026 and the tenant does not leave when the notice runs out, then in most cases you have until the earlier of 31 July 2026 or six months from the date you served the Section 21 notice to apply to court for a possession order.

The only exception to this is where you had a contractual periodic tenancy, and the rent was payable every quarter or more. In those cases you have until the earlier of 31 July 2026 or four months after the date you asked the tenants to leave on to apply to court. 

If you miss this window the Section 21 notice will expire and you will have to restart possession proceedings under the new rules. 

Transitional rules for Section 8 notices

If you served a valid Section 8 notice prior to 1st May 2026 you can continue to apply to court with it until the earlier of:

• 12 months after you served the notice; or
• July 31st 2026.

If you miss this window or your possession order is refused, then you will have to start again using one or more of the new grounds. 

Further reading

The changes to the possession rules are not the only change to your business. Read more about the changes at our Renters' Rights Hub.