- in United States
The coming into force of the Renters’ Rights Act 2025 ("the Act") last year marked the beginning of the end for section 21 “no‑fault” evictions. However, it is the transition provisions that are most likely to catch out the unwary. Get the timing wrong, and a notice that appears perfectly valid today could become entirely unenforceable overnight.
The critical date is coming up next week – after next Thursday, any section 21 notice served will have no legal effect. The Act introduces strict transitional deadlines that significantly reduce the time available to landlords to take enforcement action.
However section 21 notices served prior to 1 May will not automatically fall away. Those notices remain valid and the tenancy will continue to be treated as an assured shorthold tenancy. However, this applies only until possession proceedings are concluded or the notice becomes time‑barred. In practical terms, there remains a route to possession under section 21 – just - but it is subject to a far more compressed timetable than under the current law.
The timing of service will therefore be critical. The final theoretical moment to serve a Section 21 notice is before close of business on Thursday 30 April. However, “service” means that the tenant must receive the notice. To minimise the risk of dispute, best practice will be service by first‑class post or personal delivery, allowing sufficient time to evidence receipt.
A significant pitfall arises from the reduced period for issuing court proceedings. Under the transitional provisions, the usual six‑month period for issuing a possession claim will not apply in many cases. By way of example, where a section 21 notice is served two months before 1 May, the landlord must issue a possession claim within three months of that date, so by 31 July 2026. Failure to do so will result in the notice being of no legal effect.
The Act also prevents landlords from seeking to extend their position by serving notices in advance. Where a Section 21 notice was served more than two months before its expiry, the landlord must apply for possession within four months of expiry and no later than 31 July. Even if four months from expiry would fall after that date, the July deadline remains absolute.
Finally, there is a definitive cut‑off point. If a Section 21 notice expires after 31 July 2026, the landlord will no longer be able to apply to the court for a possession order at all. There is no discretion to extend time and no mechanism to revive the notice once that deadline has passed.
So whilst the position may become more settled towards the end of the Summer, for the next few days and months there remains significant pitfalls for the unwary to watch out for.
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.
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