Brief Guide to Residential Landlords in the private sector

19 January, 2026

 

Brief Guide to Residential Landlords in the private sector in England with regards the Commencement date of The Renters’ Rights Act 2025

As a Landlord in the private rented sector (“PRS”) in England you will likely have been aware of the abolition of “no fault” evictions being on the horizon for a few years now.  The act giving effect to that abolition (The Renters’ Rights Act 2025) became law (given Royal Assent) on 27 October 2025.

Despite this October 2025 date, many of the key parts of the Renters’ Rights Act will not be implemented until 1 May 2026 (this is known as the “Commencement Date”).  

The key changes on 1 May 2026 will be:

• abolish section 21 (Housing Act 1988 – “HA88”) “no fault” evictions and introduce Assured Periodic Tenancies (“APT”) in the PRS – The current model is Assured Shorthold Tenancies (“AST’s”). Any AST will convert to an APT on 1 May 2026. In practical terms this means that as a Landlord can still serve a s.8 HA88 notice (i.e. for rent arrears etc) for possession pursuant to the grounds set out in Schedule 2 to HA88 (as amended by the Renters’ Rights Act) but that the Tenant(s) will have increased security of tenure as s.21 HA88 (the “no fault” eviction” process) will be removed altogether.
• reform possession grounds in the PRS so they are fair for both parties – the grounds for possession in Schedule 2 HA88 will be added to, amended or removed.
• ban rental bidding and rent in advance – it will not be possible to accept an offer of rent higher than the advertised rent.
• make it illegal to discriminate against renters who have children or receive benefits
• require landlords in the PRS to consider tenant requests to rent with a pet

What is the impact on s.21 HA88 notices served prior to the Commencement Date (1 May 2026)

This note does not deal with the formalities for serving a valid s.21 notice (in terms of the statutory requirements).  All things being equal a s.21 notice can still be valid if it is served on or before 30 April 2026.

Although the Commencement Date of 1 May 2026 is a key date it is important to note that if an AST is entered into on or after 1 January 2026 as Landlord you will not have the option/time to serve a valid s.21 HA88 notice  (as the notice can’t be served within the first 4 months of the AST and the notice needs to give at least 2 months notice – this will take you past the cut-off date of 30 April 2026.

The vast majority of fixed term and periodic AST’s operate on the basis that each period is 1 month (i.e. the period within which the rent is due).  This article refers to such a notice (a notice pursuant to s.21 (1)(b)) as the “Standard s.21 Notice”, being a notice that requires at least 2 months notice and can’t be served within the first 4 months of the AST.

For a Standard s.21 Notice served on or before the 30 April 2026 cut off date the deadline to commence court proceedings pursuant to that notice will be 6 months from the date of service or on or before 31 July 2026 (whichever of those dates is the earlier).

In the case of a notice (a notice pursuant to s.21 (4) HA88) where the notice period needs to be more than 2 months (i.e. where the period of any periodic tenancy is longer than 2 months e.g. where rent is due quarterly the minimum notice period will be 3 months) proceedings for possession will need to be commenced within 4 months after the date of service of that notice  (so long as that 4 months is not later than 31 July 2026)

The validity of a s.21 HA88 notice for court proceedings will ultimately depend on the date of expiry of the 6 (or 4) months from the date of service of the notice so long as that is on or before 31 July 2026.  It will not be possible to commence court proceedings pursuant to any s.21HA88 notice on or after 1 August 2026.

Finally, and for the avoidance of doubt, a s.21 HA88 notice will remain valid until the conclusion of court proceedings for those court proceedings issued on or before 30 April 2026.

Examples:

Standard s.21 Notice:

1. Date of service of the s.21 notice – 30 April 2026.  Deadline to issue proceedings – 31 July 2026 (i.e. the cut off date, the standard 6 months would take us past the 31 July 2026 cut off date)
2. Date of service of the s.21 notice – 1 January 2026.  Deadline to issue proceedings – 30 June 2026 (i.e. the standard 6 months)

Current version of s.8 notice

Any s.8 HA88 notice (served relying on any ground as currently stated in Schedule 2 HA88) deemed served on or before 30 April 2026 will be valid for the use of issuing court proceedings within 12 months of service of the notice or on or before 31 July 2026 (whichever is the earlier of the two dates).

From 1 August 2026 any notice served pursuant to s.8 HA88 will need to be served in accordance with s.8 HA88 and Schedule 2 HA88 as amended by the Renters’ Rights Act 2025.

Conclusion

Whilst the Renters’ Rights Act 2025 does abolish “no fault” evictions there is still time to utilise s.21 HA88 whilst keeping a keen eye on the key dates as set out above.

Stuart Thomas
Associate Solicitor

For further information please email:
lisa.francis@storrarcowdry.co.uk