Section 21 notices served before 1 May 2026 — Transitional rules

If you have served a Section 21 notice or are considering doing so, you must act before 1 May 2026. Under the transitional provisions of the Renters’ Rights Act, a Section 21 notice is only valid under the new regime if possession proceedings were also commenced in court before 1 May 2026. This is a time-critical guide for England landlords. Reviewed March 2026.

What the rule is

The Renters’ Rights Act abolishes Section 21 no-fault evictions from 1 May 2026. The Act includes transitional provisions that deal with Section 21 notices that are in progress when the Act takes effect.

The transitional rule is: a Section 21 notice served before 1 May 2026 only remains valid if the landlord also commenced possession proceedings (issued a court claim) before 1 May 2026. If proceedings are not started before 1 May 2026, the notice is extinguished by the Act regardless of when it was served.

When it applies

This applies to any England landlord who:

• Has served a Section 21 notice that has not yet been acted on
• Is serving a Section 21 notice now (between the date of this guide and 1 May 2026)
• Has a Section 21 notice that is still within its validity period

What landlords must do

If you have a live Section 21 notice:

• Act immediately — calculate whether the notice has expired and, if it is still valid, whether you can commence court proceedings before 1 May 2026
• Issue a possession claim (N5 form) at the county court before 1 May 2026 if you wish to rely on the Section 21 notice
• Do NOT wait — once 1 May 2026 passes, the notice cannot be used regardless of when it was served

If you are considering serving Section 21 now:

• Assess whether you can complete the full process (serve notice + issue proceedings) before 1 May 2026
• Standard Section 21 requires a minimum 2 months’ notice after service — this leaves very limited time
• Seek legal advice immediately if you are considering this route

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 possession claim form and court receipt showing filing date
• Any correspondence with the court about the proceedings

Common mistakes

• Assuming a notice served in February 2026 will carry over — it will not unless proceedings are issued before 1 May 2026
• 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
• Waiting for the notice period to expire before issuing proceedings — you can issue the N5 claim before the notice period expires (the court will not order possession until the period has passed)
• Thinking Section 21 will still work after 1 May 2026 — it will not; any claim issued after 1 May 2026 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 only survive if possession proceedings were commenced in court before 1 May 2026. All other possession claims 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? Issue possession proceedings at the county court before 1 May 2026. If the 2-month notice period expires before 1 May 2026, you can issue immediately. If it expires after 1 May 2026, you can still issue proceedings before that date — the court will not make an order until the notice period has passed, but filing before 1 May 2026 is what matters.

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? You can serve one before 1 May 2026, but you must also issue proceedings before 1 May 2026 for it to be effective. Given the minimum 2-month notice period, this is extremely tight or impossible depending on timing. Seek immediate legal advice.