Section 21: The 31 July Deadline

Following on from Francesca Turner's April article on The Section 21 Countdown, the critical transitional deadline for those seeking to rely on Section 21 notices served before the new regime comes into force is fast approaching. 

The End of Section 21

The Renters' Rights Act 2025 came into force on 1 May 2026 and fundamentally changed the residential possession regime. From that date, landlords can no longer serve 'no-fault' possession notices under Section 21 of the Housing Act 1988. Instead, possession claims must generally be brought under the revised Section 8 grounds.

Recognising that many landlords had already begun possession processes before the legislation took effect, the Act introduced transitional provisions allowing certain pre-existing notices to remain valid for a limited period.

The Transitional Protection

Landlords who served either:

• a Section 21 notice; or
• a Section 8 notice relying on the pre-1 May 2026 grounds for possession,

before 1 May 2026 may still commence possession proceedings after the notice has expired.

However, this protection is only available for a finite period, proceedings must be issued by 31 July 2026.

If proceedings have not been commenced by that date, the landlord loses the benefit of the transitional arrangements. The existing notice will cease to have legal effect and the tenancy will continue as an assured periodic tenancy. The landlord will then be required to pursue possession under the new Section 8 framework.

The Act also prevents landlords from attempting to preserve Section 21 rights by serving notices well in advance of the commencement date. Where a Section 21 notice was served more than two months before its expiry date, the landlord must still issue possession proceedings within four months of the notice expiring and, in all cases, no later than 31 July 2026.

Similarly, where a Section 21 notice was served two months before 1 May 2026, the landlord must issue proceedings within three months of commencement of the new regime, meaning by 31 July 2026. Failure to do so will render the notice ineffective.

The transitional arrangements under the Renters' Rights Act 2025 provide a limited window for landlords to rely on possession notices served before the abolition of Section 21. That window closes on 31 July 2026.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.