Warning: Act Now to Avoid Penalties Under Evolving Section 21 Rules

Summary: Landlords are urged to act promptly to serve Section 21 notices before the Renters’ Rights Act comes into force on 1 May 2026, as the window to use this eviction route is closing. New government guidance outlines complex transitional arrangements and stricter conditions for serving Section 21 notices, with significant implications for landlords managing assured shorthold tenancies.

Introduction to the Changing Section 21 Landscape

Landlords across England face a narrowing opportunity to serve a Section 21 notice—the no-fault eviction route—before the full implementation of the Renters’ Rights Act on 1 May 2026. The government has published detailed guidance explaining the transitional arrangements that will apply, which landlords must understand to avoid penalties and ensure compliance.

Key Transitional Arrangements

According to the official government guidance, after 1 May 2026, landlords can only use a Section 21 notice to start possession proceedings within a limited timeframe. Specifically, possession proceedings must commence by whichever is the earlier of:

• Six months after the date the Section 21 notice was served, or
• Three months starting from 1 May 2026.

This means that landlords who serve a Section 21 notice close to or after 1 May 2026 will have a much shorter window to take legal action.

Eligibility Criteria for Serving Section 21 Notices

The Section 21 notice will only be valid if the tenancy is an assured shorthold tenancy (AST). Additionally, landlords must ensure that at least four months have passed since the tenancy began on the date the notice is served.

For tenancies commencing on or after 1 January 2026, landlords will no longer be able to serve a Section 21 notice to end the tenancy. Instead, they must rely on other grounds, such as those under Section 8, and provide at least two months’ notice. Furthermore, landlords cannot serve a Section 21 notice if they have received an improvement notice or a notice of emergency remedial action from the local council within the previous six months.

The guidance states: “If you received an improvement notice or notice of emergency remedial action from the council on or after 1 November 2025, you will not usually be able to give your tenants a Section 21 notice.”

Additional Compliance Requirements

Landlords must also ensure compliance with several other legal obligations before serving a Section 21 notice. These include:

• Refunding any unlawful charges to tenants
• Protecting the tenant’s deposit in a government-approved tenancy deposit scheme
• Obtaining any necessary licences for the property
• Providing tenants with key documents such as a valid gas safety certificate and an Energy Performance Certificate (EPC)

Failure to meet these requirements may invalidate a Section 21 notice and expose landlords to enforcement action.

Implications for Possession Proceedings

Esther Woolford, partner in the litigation team at Clarke Willmott, emphasises the urgency for landlords: “Possession proceedings must be started within certain time frames and in most cases, no later than three months after the formal commencement of the Act. This means that, although there is still time to take steps to utilise the no-fault eviction route, prompt action is needed.”

She adds, “Serving a Section 21 notice now ensures that you can take advantage of the current regime and avoid being caught out by the new restrictions once the Act is fully in force.”

What Landlords Should Do Now

Given the evolving legal framework, landlords should review their current tenancies and consider serving Section 21 notices where appropriate before 1 May 2026. It is also crucial to ensure all compliance obligations are met to prevent notices from being invalidated.

Landlords managing assured shorthold tenancies should familiarise themselves with the new rules and seek legal advice if necessary to navigate the transitional period effectively.

Conclusion

The abolition of Section 21 no-fault evictions marks a significant shift in the private rented sector, requiring landlords to adapt quickly. Acting now to serve valid Section 21 notices and ensuring full compliance will help landlords avoid penalties and prepare for the new tenancy framework introduced by the Renters’ Rights Act.

Keywords: Section 21 notice, Renters’ Rights Act, assured shorthold tenancy, eviction notice, landlord compliance, tenancy deposit scheme, gas safety certificate, Energy Performance Certificate, possession proceedings

SEO Title: Act Now to Serve Section 21 Notices Before Renters’ Rights Act Changes in May 2026

Meta Description: Landlords must act promptly to serve Section 21 notices before the Renters’ Rights Act takes effect on 1 May 2026. Learn about the transitional rules, eligibility criteria, and compliance requirements to avoid penalties.