Abolishing Section 21 evictions is one of the major measures in the Renters’ Rights Act. While the new tenancy reforms took full effect from 1 May, the government allowed a transition period where old Section 21 notices remained valid – provided they reached the next stage of the legal process by 31 July.
Evictions are a very difficult situation for both landlords and tenants. Which is why it’s crucial to understand exactly how the new rules affect you, especially if you have an ongoing eviction in the court system, or if your timeline stretches past the summer cutoff.
The 31 July deadline – what this means for your notices
The government’s strict rules dictate the absolute final date a Section 21 or ‘old’ Section 8 eviction remains valid is 31 July. So any eviction process that hasn’t entered the court system by 31 July becomes legally void.
If you haven’t submitted your claim form, paid the court fee, and provided all the required evidence to the court office by the end of the day on 31 July, you can no longer rely on that notice moving forward. Instead, you’ll have to start the entire process again under the new Renters’ Rights Act rules.
What to do if you have an ongoing eviction
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.
Depending on your current stage in the eviction process, here are three scenarios to help you navigate the transition.
Scenario 1: you entered the court system in time
If you successfully submit your claim to the court on or before the 31 July deadline, your eviction remains valid. The claim will be processed under the ‘old’ rules, and the tenancy legally remains an assured shorthold tenancy until the legal proceedings have concluded.
Keep in mind that courts are likely dealing with a backlog of claims submitted right before the cutoff. As long as the court receives your valid request in time, it will be processed, but you may face longer wait times. Be ready to promptly provide any further evidence if the court requests it to avoid delays.
Scenario 2: 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) yet, you may face significant wait times due to the current court backlog.
Scenario 3: you miss the deadline (or your claim is rejected)
If you served an old notice but fail to file your court claim by the end of 31 July (or if your paperwork has a mistake and is rejected by the courts), that notice is legally void. At that point, your tenant’s agreement automatically converts to an assured periodic tenancy.
Your next actions:
Start over under the new rules – you must begin the process again using a Section 8 notice with the new grounds-based process.
Provide a valid ground – you can’t evict without a reason. You need an officially recognised ground to regain possession (such as Ground 1A if you want to sell, or Ground 1 if you or family are moving in) and you must be prepared to prove it with evidence.
Observe the new notice periods – notice periods are longer under the Renters’ Rights Act. For instance, selling the property or moving in now requires a mandatory four months’ notice, and you can’t issue this during the first 12 months of a tenancy.
Update your paperwork – make sure you’ve supplied your tenants with the legally required tenant information sheet or written statement of terms before starting a new claim.
What if you’re a student landlord?
Student landlords with qualifying tenancies were given special dispensation to use a two-month notice period under the new Ground 4a, provided they gave notice between 1 May and 31 July.
If you miss this window, you’ll need to use the standard four months’ notice period. Going forward, all future tenancy agreements with students will be periodic tenancies.
You must give your students prior notice at the start of their tenancy that you intend to use Ground 4a to take back possession at the end of the academic year.
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