SMF - Just Installed!

What happens to Section 21 Notices Served after March 1st 2026

Started by hadventure, January 19, 2026, 01:00:27 PM

Previous topic - Next topic

hadventure

I let my house in mid May 2025 on a 12 month AST.

I now want to move back in to the house at the end of the AST, around mid May 2026.

I am aware section 21 notices will be a thing of the past come May 1st 2026.

My question is what happens to Section 21 notices issued before May 1st when the move out / termination date would be after the introduction of the renters rights bill?  That is will my Section 21 notice (planned for early March 2026) still remain valid after May 1st when the new parts of the Renters Rights Act are introduced?

I will of course speak to the tenants and make my intentions clear. I have no cause to think they won't be reasonable - but I want to cover all bases.

Thanks


DPT

My understanding is that they will be fine as long as you pursue any possession order required swiftly.

jpkeates

They are valid until 1st August at which point they expire, so you'd need to commence a possession claim after the notice expires and before 1st August.

You need to be talking to your tenant, not serving notice if you want to move in in May 2026. If the tenant doesn't co-operate, you could be lucky to get possession in the Autumn. Notice should be your last resort - and possibly notice under the RRA might be better for you.

hadventure

Thanks both

jpkeates so would you just be discussing with them and not giving notice? Or discuss with them and then give notice so that formalities / legal paperwork is completed?

Thanks

jpkeates

Right now, I'd do both, because of the changes in the law.

But your chances of moving back in in May will depend on the tenant's cooperation. Be very nice to them!

r4lphuk

Just chipping in as someone who's been prepping for the RRA changes across 6 properties.

jpkeates is right about the August 1st deadline for existing s21 notices. But the bigger picture here is that once the RRA fully kicks in, every landlord needs to be thinking about compliance differently. Without s21 as a fallback, your ability to use the new grounds (like Ground 1A for moving back in) will depend entirely on having your house in order — and I mean literally.

Under the new regime, if you end up in court on a s8 ground, judges are going to look very closely at whether you've been a compliant landlord. Gas safety certificate current? EICR done? Deposit protected? EPC valid? How to Rent guide served? If any of that is missing or out of date, it weakens your whole position.

For your specific situation hadventure — I'd serve the s21 now (before the rules change) AND have the honest conversation with your tenant. Belt and braces. If they're reasonable, they'll agree a move-out date and you won't need the notice. If they're not, at least you've got the legal process started within the transitional window.

One thing I'd really recommend for everyone reading this: get your compliance documentation sorted now. Know exactly when every certificate expires. I use an app to track all my gas safety, EICR, and EPC dates across my properties — it sends me reminders before anything lapses so I'm never caught out. With s21 going away, there's zero margin for sloppy record keeping anymore.

The RRA is going to make being a landlord harder in some ways. But if your compliance is solid, it's actually going to be fine. It's the landlords who've been winging it that should be worried.

jpkeates

"Under the new regime, if you end up in court on a s8 ground, judges are going to look very closely at whether you've been a compliant landlord. Gas safety certificate current? EICR done? Deposit protected? EPC valid? How to Rent guide served? If any of that is missing or out of date, it weakens your whole position".

I think this whole post is based on a misapprehension. I appreciate that it's really intended to flog a platform, but it's misleading and needs to be challenged. Someone might believe it!

Under the new regime, you're definitely going to end up in court. Section 8 notices all do. That might change (and probably should), but the judge needs to confirm that the grounds are made out.

Judges might look at whether you've been a compliant landlord. Depending on the grounds, they sometimes do now. But it's not always the case and there's no particular reason to think that'll change.

Lack of compliance might "weaken[] your whole position". But, unlike the prescribed requirements of s21, your position isn't always relevant. Lots of section 8 grounds don't give the court much discretion, and there's a good argument that continuing a tenancy that a poor landlord wants to end isn't a good outcome for the tenant.

I'm not suggesting it's going to be all free milkshakes and rainbows, but everything about the new legislation isn't terrible.