The Renters Rights Act Mini Series Part 2: When is the last date for landlords to serve notice to obtain possession using section 21 and section 8 of the Housing act 1988?
Private landlords in England must note the deadline for service of a section 8 or 21 notice under the existing law if they wish to use the current eviction process before the law changes. The pressure is increased to get the legal process correct to ensure a successful application.
When will the law change?
The 1st of May 2026 is the implementation date for stage 1 of the Renters Rights Act 2025 (RRA), which, amongst other changes, removes section 21 and changes the grounds for possession in section 8 of the Housing Act.
Government guidance (in italics below) confirms the deadline for service of a section 21 or section 8 notice under the current law.
Section 21:
If you give a section 21 notice to your tenant before the 1st May 2026, then on and after this date, you can only use it to start court proceedings up to and including whichever date comes first:
- The date that is 6 months after the date you gave the notice
- 31 July 2026
This limit is set by the Renters’ Rights Act 2025 and may shorten the time to start court proceedings compared to the 6-months period shown on the form.
You should check any notices you give to your tenant before 1 May 2026 to be sure when the period for issuing proceedings will expire.
If the earliest date that possession proceedings can begin in your notice is on or after 1 August 2026, it will be invalid for the purposes of issuing possession proceedings.
Section 8:
On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 will start. The tenancy reforms will create new grounds for possession. If you give, or have given, a section 8 notice to your tenant before 1 May 2026, then on or after that date, you can only use it to start court proceedings up to and including whichever date comes first:
- the date that is 12 months after the date you gave the notice
- 31 July 2026
This limit is set by the Renters’ Rights Act 2025 and may give you less time to start court proceedings compared to the 12-month period shown on Form 3.
Further comments
Landlords should note that the life of a section 8 notice on form 3 will not be as stated at part 6 of the form, which says.
The latest date for court proceedings to begin is 12 months from the date of service of this notice.
Similarly, Landlords should note the life of a section 21 notice will likely not be as stated on form 6A at part 3 of the form, which says:
If your landlord does not apply to the court within a given timeframe, this notice will lapse. If you are entitled to more than 2 months’ notice, your landlord can rely on this notice to apply to the court during the period of 4 months commencing from the date specified in section 2 above. In all other cases, your landlord can rely on this notice to apply to the court during the period of 6 months commencing from the date this notice is given to you
The Renters’ Right Act 2025 will affect the period of validity of both section 8 and section 21 notices.
In summary, private landlords in England must serve the notice of possession correctly before 1st May 2026, i.e. by the 30th of April 2026 and make a court application for possession before the 31st of July 2026 if they wish to use the current law. If they do not, the notice will not be valid, and the court will not be able to grant a possession order. After this deadline, the legal process for possession will be as set out in the Renters’ Right Act 2025.
For Private Registered Providers of social housing (PRPs), the Renters’ Rights Act 2025 changes will only apply from 2027.
If you’re looking for advice relating to the Renters’ Rights Act, you can count on us to be able to help. Whether you are a landlord or tenant, we can provide sound advice to help you understand the new legal structures coming into effect in 2026. Call our team today on 01752 203500 or get in touch with us via our website.
For further guidance, see the government guide:
All content on this website (inclusive of guides, blogs and imagery) is strictly copyrighted by Gill Akaster LLP, trading as GA Solicitors. It is not to be used by any third party without prior contact and permission. Any requests for content should be sent to katy.mckenna@GAsolicitors.com.