On 1 May 2026, the first phase of the Renters’ Rights Act came into force, bringing with it the abolition of Section 21 of the Housing Act 1988. For landlords who validly served a Section 21 notice before the final deadline for service, the key question is how long they now have to issue possession proceedings.
Where a Section 21 notice is served before 1 May 2026, a landlord must begin possession proceedings by the earlier of:
- six months from the date the notice is served; or
- three months from 1 May 2026 (i.e. 31 July 2026)
This creates a fixed longstop deadline of 31 July 2026, which in some cases will shorten the usual six-month period.
Section 21 Time Limits: The transitional period
- Notices served before 1 February 2026:
Landlords will generally have six months from the date of service to issue proceedings. - Notices served on or after 1 February 2026 (but before 1 May 2026):
Proceedings must be issued no later than 31 July 2026, meaning landlords will often have less than six months.
Examples
Example 1: A Section 21 notice is served on 5 December 2025.
Six months from service expires on 4 June 2026, which is earlier than 31 July 2026. The landlord must therefore issue proceedings by 4 June 2026, retaining the full six-month period.
Example 2: A notice is served on 20 January 2026.
Six months from service expires on 19 July 2026, which is still earlier than 31 July 2026. The landlord must issue proceedings by 19 July 2026, providing close to the full six months.
Example 3: A notice is served on 10 March 2026.
Six months from service would expire on 9 September 2026, but the transitional rule applies. The landlord must instead issue proceedings by 31 July 2026, leaving less than six months to issue the claim.
Example 4: A notice is posted by first-class post on 28 April 2026 and deemed served on 30 April 2026.
Although the notice may expire at the end of June, the landlord must still issue proceedings by 31 July 2026, providing only a limited window in which to prepare and issue the claim.
Practical point on issuing proceedings
It is important to note that the relevant deadline is when proceedings are issued by the court, not when the claim is submitted. In practice, there is likely going to be a delay between filing and formal issue, particularly given the likelihood of a significant increase in the number claims in the lead‑up to 31 July 2026. Landlords should therefore aim to submit claims well in advance of the deadline.
Missing the deadline
If a landlord fails to issue proceedings by 31 July 2026 (or earlier if applicable):
- the section 21 notice will become ineffective, and
- the landlord cannot rely on it to obtain possession
Instead, the landlord will need to proceed under Section 8 of the Housing Act 1988, relying on one of the statutory grounds for possession under the amended regime.
Key takeaway
The critical point for landlords is that 31 July 2026 operates as a backstop. Therefore, many landlords, particularly those who served notices in early 2026, will have less than the usual six months to issue proceedings. Careful calculation of deadlines is therefore essential to avoid losing the ability to rely on Section 21.
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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 Fin Morgan, Apprentice Solicitor, in our Real Estate Litigation team.