Update from Adina-Leigh Collins, Solicitor, Litigation
With the Renters’ Rights Act 2025 set to abolish section 21 “no-fault” notices from 1 May 2026, landlords and letting agents now have only a brief window remaining to serve a valid section 21 notice under the current legislation.
From 1 May, section 21 notices will no longer exist and landlords will only be able to evict their tenants by relying on one, or more, of the amended section 8 grounds for possession.
This means that:
- The final deadline to serve a section 21 notice is 30 April 2026.
- A landlord cannot issue a section 21 notice after this date under any circumstances.
Validity checks may take time
It is crucial that the section 21 notice is valid. A failure to serve a valid 21 notice runs a very high risk of possession proceedings being dismissed by the judge in the event the tenant does not leave the property. This may not only have cost consequences, but it also means that the court will not grant a possession order.
Landlords and their agents must not delay in seeking legal advice. There are many pre-conditions to serving a valid section 21 notice and any missing or incomplete compliance documents may prevent service until remedied. If this is left too late it may prevent a valid notice from being served at all before the deadline of 30 April 2026.
Common issues we see include:
- Deposit protection issues.
- Missing, incomplete or incorrectly served EPC or gas safety certificates.
- Failure to provide the How to Rent guide, the correct How to Rent guide or failure to provide any further guides.
- Incorrectly drafted section 21 notices.
- Section 21 notices not actually providing sufficient notice.
It can take several days, or possibly longer, to correct any issues that may affect the validity of a section 21 notice. Therefore, it is imperative that legal advice is sought without delay.
Beware of Service Provisions
Many tenancy agreements also contain prescribed clauses on how documents or notices should be served and when that document or notice will be deemed to be served. This, again, can add on several extra days to the timeline, which can significantly reduce the time left available to act.
Practical steps
We suggest:
- Landlords and lettings agents should promptly consider their property portfolios.
- If any arrangements are being considered for a section 21 notice, the tenancy agreement should be reviewed
- Collate all other relevant information ready to pass over to your solicitor to urgently review whether:
- A valid section 21 notice can be served.
- If not, what steps can be taken to ensure a section 21 notice can be served before the deadline of 30 April 2026.
- If a notice can be served, instruct your solicitor to do so to ensure the notice itself is properly drafted.
If you or your clients need to urgently serve a section 21 notice, please feel free to email me or contact the team on 020 8858 6971.