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Renters Rights Act possession guidance

Private landlords will be gearing up for 1 May 2026 when the Renters Rights Act (RRA) comes into force.  The Government has just published new guidance explaining the different possession processes before and after 1 May 2026 and how the transitional provisions work. 

There is nothing new in here if you have been following the RRA in detail, but it is a helpful summary of the following 

  1. The current procedure for seeking possession when relying on a s21 notice  (a shame this was not provided many years ago. The helpful list of the documents needed could have saved a lot of landlords' adjournments and costs).  
  2. Transition. So if a landlord has served a s21 notice or s8 notice (NSP) on one of the grounds before 1 May 2026, they must begin possession proceedings before 31 July 2026 (or earlier if the notice expires earlier)
  3. Where a notice is served on a rent arrears ground (grounds 8, 10 or 11)  landlords cannot start proceedings for possession whilst the tenant is in a breathing space. If the section 8 notice had expired during this time, or when the breathing space ends, the landlord has less than 8 weeks before the notice expires, the time limit for asking the court to issue possession proceedings will be extended to 8 weeks from the date that the breathing space ends to start court proceedings.  
  4. That s21 notices cannot ever be served after 1 May 2026.  
  5. That for assured shorthold tenancies which began  after 1 January 2026, it is already too late to serve a s21 notice (because they cannot be served in the first 4 months of an assured shorthold tenancy)
  6. The RRA does not apply to licences (neither does it apply to contractual tenancies granted by fully mutual housing co-operatives at all, nor does it apply to social housing assured and assured shorthold tenancies until 2027)
  7. The current grounds for possession, which are listed at the end 

Contact Helen Tucker for more information. 

Giving notice of possession to tenants before 1 May 2026 This guide explains the process a landlord must take when they served an eviction notice before 1 May 2026. This guide is for private landlords in England who issued a section 8 or section 21 notice to tenants on an assured tenancy or an assured shorthold tenancy before 1 May 2026 and the notice(s) remain valid on 1 May 2026. On 1 May 2026, the tenancy reforms of the Renters’ Rights Act 2025 will start. If you issue a notice on or after this date, you will need to refer to guidance on the possession process on or after 1 May 2026.

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Tags

housing litigation, housing management, social housing, housing, renters rights act, rented housing