The introduction of further changes by the Renters’ Rights Act 2025 on 1 May 2026 brought significant changes to the residential possession regime in England and Wales, including the abolition of Section 21 “no fault” evictions. Strict deadlines now apply for issuing possession proceedings.
Landlords who have already served a Section 21 or Section 8 notice should review their position urgently. Missing the relevant deadline could mean having to restart the possession process under the new regime.
When is the deadline to start proceedings after serving a Section 21 Notice?
Although Section 21 notices can no longer be served from 1 May 2026, landlords will still be able to rely on a valid Section 21 notice served before that date.
However, the transitional provisions impose a strict cut-off.
Proceedings must be issued by the earlier of:
- the time remaining on the notice; or
- 31 July 2026.
This means that even where a notice would previously have remained valid for longer, as notices of this type usually have a 6-month life span, landlords cannot rely on it to commence possession proceedings after 31 July 2026.
Landlords who intend to rely on a Section 21 notice should therefore act without delay to ensure proceedings are issued before the deadline expires.
When is the deadline to start proceedings after serving a Section 8 Notice?
The position is similar for Section 8 notices served before 1 May 2026 using the pre-reform grounds for possession.
Under the transitional arrangements, landlords can only commence proceedings using those notices up to the earlier of:
- 12 months from the date the notice was served; or
- three months beginning on 1 May 2026.
In practical terms, this means that many landlords will need to issue proceedings by 1 August 2026.
The new legislation may therefore shorten the period that landlords previously expected to have available under the notice.
Landlords should carefully check the date on which their notice was served and calculate the relevant deadline as soon as possible, so they understand whether the 1 August 2026 deadline applies or the usual 12-month lifespan of the Section 8 notice.
Do I need to act promptly when starting proceedings because of the Renters’ Rights Act 2025?
In short, yes. The consequences of missing these deadlines can be significant. Government guidance indicates that possession claims issued after the applicable transitional deadline are likely to be dismissed.
In many cases, landlords would then need to start the possession process again under the new framework introduced by the Renters’ Rights Act, which we expect to mean serving another notice under the new grounds of possession, waiting for this to expire, and then starting proceedings again. This will see to an increase in time and costs, as well as a delay in regaining possession.
Given the procedural requirements involved in preparing and filing a possession claim, landlords should not wait until the last minute. Early review of existing notices and prompt action can help avoid unnecessary delay, additional costs and the risk of losing the benefit of a previously valid notice.
If you have served a Section 21 or Section 8 notice and are considering possession proceedings, now is the time to review your options.
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
