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.

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. 

For a short time after the Renters' Rights Act came into force, landlords could apply to court for a possession order using these notices. That transition period has now ended, and it is no longer possible to apply to court using a Section 21 or Section 8 notice served before 1st May 2026. The last valid date to apply was 31st July 2026. 

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

From this date, Section 21 notices were 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 had 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 had until the earlier of 31 July 2026 or four months after the date you asked the tenants to leave on to apply to court. 

Transitional rules for Section 8 notices

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

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

If you missed this window or your possession order was refused, then you will have to start again using one or more of the new grounds. Your tenancy will also have turned into an Assured Periodic Tenancy, and you must have provided the necessary information explaining this to your tenants.