Renters’ Rights Act: how to navigate the end of Section 21 evictions

Abolishing Section 21 evictions is one of the major measures in the Renters’ Rights Act. Even though the new tenancy reforms take full effect from 1 May, there’s a transition period where Section 21 notices will be valid beyond the Act’s commencement date.

The government has released strict rules on the final date a Section 21 eviction is valid. And depending on when you want to regain possession of your property, you’ll need to follow a different process.

Evictions are a very difficult situation for both landlords and tenants. Which is why it’s crucial to understand how this transition period works, so you can communicate as openly as possible with your tenant.

The critical 31 July deadline for evictions

The most vital piece of information in the new government guidance isn’t about when you serve notice – it’s about when you enter the court system.

If you serve a notice (Section 21 or Section 8) before 1 May 2026, it’s only valid up to a certain date. To use that notice to start court proceedings, you must do it by whichever date comes first:

for Section 21 – six months after the notice was given or 31 July 2026
for Section 8 – 12 months after the notice was given or 31 July 2026

Put simply, any eviction process that hasn’t entered the court system by 31 July will be void. And you’ll have to start the entire process again under the new Renters’ Rights Act rules.

The average Section 21 eviction process takes eight months on average, so you’ll need to consider if you’ll be able to realistically see the process through before the deadline.

What does ‘entering the court system’ actually mean?

‘Entering the court system’ is a slightly obscure term. But Schedule 6 of the Renters’ Right Act explains exactly what you need to do to be considered ‘in the court system’.

You must submit your claim form, pay the court fee, and provide all required evidence to the court office by the end of the day on 31 July for your eviction to remain valid.

As long as the court receives your valid request by 31 July, the claim should be processed – even if the court is backlogged and doesn’t actually process it until weeks later.

You need to make sure all of the documents are in order before you file a Section 21 or Section 8 notice. Because if there’s any issue, the case will be dismissed, and you’ll be back to square one.

When’s the last chance to use a Section 21 notice?

Section 21 evictions can be issued until 1 May. But any Section 21 notice that’s squeezed in to try to beat the 1 May deadline is very unlikely to enter the court system before the 31 July deadline.

And there’s another caveat besides the hard 31 July deadline.

The 1 January rule

If the tenancy began on or after 1 January 2026, you’re effectively unable to use Section 21. Since a Section 21 notice requires a two-month notice period and can only be served four months into a tenancy, you wouldn’t be able to start court proceedings before the 31 July cutoff.

Using a Section 8 notice before the Renters’ Rights Act

If your tenant is in breach of their contract (like falling into rent arrears, for example) or you have a specific legal reason to regain the property, you can use Section 8 (using Form 3).

The notice periods for Section 8 vary depending on the grounds you use:

serious rent arrears (Ground 8) – two weeks’ notice
you or a family move into the property (Ground 1) – two months’ notice
anti-social behaviour (Ground 14) – proceedings can often begin immediately

Because some of the notice periods are shorter with Section 8 than Section 21, some landlords might view it as the quicker option of the two. But the wait times for the court system are the same, with the process taking up to six months on average.

And the deadline works in the same way for Section 8 notices – your claim must enter the courts systems by 31 July to be processed under the ‘old’ rules.

Important: if your tenant enters a Debt Breathing Space scheme, you can’t start court proceedings for rent arrears until that period expires.

What to do if you’re currently going through the eviction process

Regaining possession of a property is a significant transition for everyone involved. While landlords often have pressing reasons to move forward (like planned renovations or a sale) it’s important to remember that for tenants, this is a period of major upheaval and uncertainty.

As we approach the Renters’ Rights Act deadlines, clarity and timing become essential for both parties to move forward. Depending on your current stage in the court system, here are three scenarios to help you navigate this transition smoothly.

Scenario 1: you’ve served notice but haven’t gone to court yet

Even if your notice technically has months before it expires, you must file your court claim by 31 July. After this date, the court will no longer accept old notices.

Scenario 2: your case is already in the court system

If your claim was filed before 1 May 2026, your case should proceed under the old rules. Just make sure your documents and evidence are all correct to avoid any delays.

Scenario 3: you already have a possession order

If a judge has already granted you possession but the tenant is refusing to leave, apply for bailiffs as soon as possible.

You can still enforce existing orders. However, if you’ve not applied for a warrant of possession (bailiffs) by the summer, you may face significant wait times.

Make sure you give your tenant the information sheet

Even if you’re in the middle of evicting a tenant, they’re still legally your tenant until they hand over the keys.

It’s a legal requirement for you to give your tenant the updated information sheet by 1 May 2026. You must download the information sheet from the government site and directly attach it to an email or text, or print it and deliver it in person.

This could potentially catch out a lot of landlords in the final stages of the eviction process.

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