The transitional window is over
When the Renters’ Rights Act 2025 abolished Section 21 on 1 May 2026, the government allowed a short transitional period for notices already in progress. Landlords who had validly served a Section 21 notice before that date were given until 31 July 2026 to issue possession proceedings based on it.
That three-month window has now closed. Any Section 21 notice served before 1 May 2026 that has not resulted in possession proceedings issued by 31 July 2026 can no longer be relied on. If you are still holding an old Section 21 notice hoping to use it, it is now void.
What this means in practice
- If you issued proceedings before 31 July 2026 and the claim is still working through the courts, it remains valid — the transitional rules protect claims already lodged, even though hearings are taking longer than usual.
- If you served a Section 21 notice but never issued proceedings, you must start again using a Section 8 ground. There is no extension and no second chance on the old notice.
- Any new notice must be a Section 8 notice citing a specific statutory ground, with its own notice period running from the date it is served — not backdated to the original Section 21 notice.
Courts are still catching up
Possession claims rose sharply in the run-up to 1 May 2026, as landlords who wanted the option of a Section 21 route rushed to serve notices before the deadline. That surge, combined with the shift to grounds-based hearings that require a judge to actively consider the evidence, has left many county courts working through a backlog. Landlords issuing new Section 8 claims now should expect longer waits for a listed hearing than they experienced before May 2026.
The practical lesson: the quality of your paperwork matters more than ever. A claim with clean, complete documentation (correctly calculated notice period, valid ground, up-to-date compliance certificates, and evidence such as rent statements or complaint logs) is far less likely to be adjourned or dismissed on a technicality, which now costs you months rather than weeks.
What to check before you serve anything new
- Confirm you have no live Section 21 claims sitting in limbo. If proceedings were issued before 31 July 2026, keep pursuing them — don’t withdraw and restart unnecessarily.
- Identify the correct Section 8 ground for your situation before drafting anything. Mandatory grounds (like Ground 8, rent arrears) move faster than discretionary ones.
- Check your compliance position first. Missing gas safety certificates, an unprotected deposit, or an unserved Information Sheet can all undermine a possession claim regardless of which ground you use.
- Calculate the notice period precisely. Each ground has its own minimum notice period, and getting it wrong restarts the clock.
How Comprent helps
Comprent flags any property still showing an outstanding Section 21 notice in its records and prompts you to review it now that the transitional window has closed. When you’re ready to serve a Section 8 notice, the document generator selects the correct ground, calculates the notice period from today’s date, and checks your compliance certificates are current before producing the notice — so a technicality doesn’t add months to your case.
This article is general information, not legal advice. If you have a live possession claim, speak to a solicitor before taking further action.