Landlords Must Act by 31 July 2026 – Transitional Deadline for Older Section 8 and Section 21 Notices

Have you served a Section 8 or Section 21 Notice on a tenant before 1 May 2026?

If so, you should urgently review your position. Under the transitional provisions of the Renters’ Rights Act 2025, landlords relying on notices served before 1 May 2026 must ensure possession proceedings are issued by 31 July 2026.

This deadline applies regardless of whether the notice would previously have remained valid beyond that date. Missing the deadline could result in landlords losing the ability to rely on the notice and having to start the possession process again under the new regime.

Who is affected?

This transitional deadline will affect you if you have served a Section 21 Notice or a Section 8 Notice before 1 May 2026 and you have not yet filed the papers with the Court in order to issue the possession claim. If this applies, it is important to review your position as soon as possible.

What has changed?

Prior to the introduction of the Renters’ Rights Act 2025:

• Most Section 8 Notices remained valid for 12 months from the date of service.
• Most Section 21 Notices remained valid for six months from the date of service.

However, the transitional provisions now impose a single deadline of 31 July 2026 for proceedings based on notices served before 1 May 2026.

Importantly, it is not enough to file a claim by that date, the possession proceedings must have also been issued by the Court. If the claim form has not been stamped by 31 July 2026, the notice may no longer be capable of being relied upon in support of a possession claim.

Why does this matter?

While much of the publicity surrounding the Renters’ Rights Act 2025 has focused on the abolition of Section 21 “no-fault” evictions, landlords should be aware that this deadline affects both Section 21 and Section 8 Notices served before 1 May 2026.

Failure to issue proceedings in time could have significant consequences. Depending on the circumstances, landlords may:

• Lose the ability to rely on an existing Section 21 Notice;
• Be required to serve a fresh notice before bringing a claim; and
• Need to commence possession proceedings under the new legislative regime, which may involve different procedural and evidential requirements.

For some landlords pursuing rent arrears claims, this could also mean having to satisfy higher statutory thresholds before relying on mandatory grounds for possession.

What should landlords do now?

If you have served a Section 8 or Section 21 Notice before 1 May 2026 and possession proceedings have not yet been issued, you should seek legal advice immediately to determine whether action is required before the deadline expires.

Early review of your case can help avoid unnecessary delay, additional cost and the risk of having to restart the possession proceedings process.

How Swinburne Maddison can help

The Renters’ Rights Act 2025 has introduced significant changes to the private rented sector, many of which affect a landlord’s ability to recover possession of their property.

Our Property Disputes team regularly advises landlords on possession proceedings, tenancy disputes and the practical implications of the new legislation. We can help you assess your current position, determine whether urgent action is required and guide you through the possession process.