The Renters Rights Act 2025 (“the Act”) received Royal Assent on 27 October 2025. At that stage, the Government provided no clarity to the private rented sector on when the changes would be implemented.
The Government has now confirmed the implementation date for the abolition of Section 21 of the Housing Act 1988. This means landlords should urgently review their portfolios to determine whether they need to rely on Section 21 before it is too late.
Implementation date for the abolition of Section 21
The Government has announced that the abolition of Section 21 will commence on 1 May 2026.
This means landlords will have until 28 April 2026 to serve a Section 21 notice via first-class post in order to pursue possession under the current regime. The deadline for serving a Section 21 notice will vary depending on the method of service. For this reason, it is imperative that landlords seek advice as soon as possible if they intend to rely on Section 21 before its abolition. If there are any issues with your tenancy documents, it is unlikely you will have time to rectify them and re-serve a valid Section 21 notice before 1 May 2026.
Transitional period
A short transitional period will apply prior to the commencement date. Where a Section 21 notice is served before 1 May 2026, the landlord must apply to the Court by the earlier of:
- Six months from the date the notice was served (the current rule); or
- Three months from the commencement date (the new rule).
Example:
If a Section 21 notice is served on 28 April 2026 by first-class post, it would expire on 30 June 2026. Under the transitional arrangements, the landlord must issue a claim for possession before 1 August 2026.
If a landlord fails to issue a claim by this date, the Section 21 notice will be deemed invalid and the landlord will no longer be able to rely on Section 21 to evict the tenant.
If landlords miss the deadline
A landlord who misses the opportunity to rely on Section 21 by 1 May 2026 will be required to pursue possession under Section 8 of the Housing Act 1988, specifically the amended grounds contained within Schedule 2.
What should landlords do now?
All landlords should now review their portfolios and decide whether they wish to obtain possession of any properties before the abolition of Section 21 takes effect. It is advisable to seek guidance from a qualified practitioner to ensure you can rely on Section 21 while it still remains available.
How can Talbots help?
Our Property Dispute Resolution team has extensive experience dealing with evictions for both landlords and tenants. Please do not hesitate to get in touch with one of our Landlord and Tenant specialists, who will be happy to assist.
Call our team on 0800 118 1500 or complete our form below.
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional. The contents of this blog refers to the process in England and Wales.
This blog was written by Ricky Sidhu, Solicitor, in our Dispute Resolution Team.