Section 21 notices served before 1 May 2026 — Transitional rules

This guide is for England landlords who served a Section 21 or Section 8 possession notice before 1 May 2026 and need to understand whether the old process can still be used. Section 21 has now been abolished for new notices, but GOV.UK provides limited transitional rules for older notices.

What the rule is

The Renters’ Rights Act abolished Section 21 no-fault evictions from 1 May 2026. The Act includes transitional provisions for notices of possession that were served before that date.

For a Section 21 notice served before 1 May 2026, GOV.UK says a landlord can only start court proceedings up to and including the earlier applicable deadline. The latest possible date is 31 July 2026, but the notice may expire earlier under the ordinary rules. For many notices this means 6 months from the date the notice was given.

For a Section 8 notice served before 1 May 2026, GOV.UK says landlords can use the pre-1 May grounds only up to and including the earlier of 12 months after the notice was given and 3 months beginning on 1 May 2026. Breathing-space rules can affect some rent-arrears notices.

When it applies

This applies to any England landlord who:

• Served a Section 21 or Section 8 notice before 1 May 2026
• Has not yet issued a court claim
• Has a court claim already in progress under the old rules
• Needs to know whether to continue with the old route or restart under the post-1 May Section 8 process

What landlords must do

If you have a live Section 21 notice:

• Check the date the notice was given and whether it was valid under the old Section 21 rules
• Check the court deadline: the latest possible date is 31 July 2026, and your notice may expire earlier
• Keep evidence showing the notice, proof of service, and the date any possession claim was issued

If you have a pre-1 May Section 8 notice:

• Check the ground, notice period, and deadline for starting court proceedings
• Use the pre-1 May grounds only while the transitional deadline still allows it
• If the deadline has passed, review whether a new post-1 May Section 8 notice is needed

After 1 May 2026:

• All possession must use Section 8 with an applicable ground
• Review which Section 8 ground applies to your situation

What evidence to keep

• Copy of the Section 21 notice with the date of service
• Evidence that the notice was validly served (delivery confirmation, email, recorded post)
• Proof that all pre-conditions for a valid Section 21 were met (gas safety, EPC, How to Rent, deposit)
• Copy of the N5/N5B possession claim form and court receipt showing filing date
• Any correspondence with the court about the proceedings

Common mistakes

• Assuming a notice served before 1 May 2026 can be used indefinitely — the transitional route has strict court deadlines
• Not checking whether the pre-conditions for Section 21 were met — an invalid Section 21 (due to missing documents) cannot be saved by issuing proceedings
• Missing the 31 July 2026 long-stop date — after this, the Section 21 process is no longer available
• Thinking new Section 21 notices can still be served — from 1 May 2026, any new possession action must use Section 8

What changed on 1 May 2026

Section 21 is abolished. From 1 May 2026, no new Section 21 notices can be served. Existing notices served before 1 May 2026 can only be used within the transitional time limits. All new possession notices from 1 May 2026 must rely on Section 8 grounds.

FAQ

I served Section 21 in January 2026 but haven’t issued proceedings yet — what should I do? Check whether the notice is still within the transitional court deadline. GOV.UK says the Section 21 route is only available up to the earlier applicable deadline, with a latest possible date of 31 July 2026. If the deadline has passed, you will need to consider the post-1 May Section 8 process.

What if my Section 21 is invalid because I missed a pre-condition? You will need to switch to Section 8. Take legal advice on which grounds apply to your situation.

Can I serve a new Section 21 after reading this guide? No. Since 1 May 2026, new Section 21 notices cannot be served. Use the current Section 8 possession process and take legal advice if the facts are complex.