Old section 21 and section 8 notices: the 31 July deadline has passed
An important transitional deadline for landlords seeking possession passed on 31 July 2026.
In most cases, landlords can no longer begin court proceedings using a section 21 or section 8 notice served under the previous system before the Renters’ Rights Act changes took effect.
The government updated its possession guidance on 1 August 2026 to reflect the end of this transition period.
Which notices are affected?
The transitional arrangements applied to valid section 21 or section 8 notices served on or before 30 April 2026 that remained valid immediately before 1 May 2026.
To use one of these older notices, the landlord generally had to ask the court to issue a possession claim by the earliest applicable deadline, including:
The date on which the notice expired.
The normal statutory time limit for the notice.
31 July 2026.
The final general deadline was therefore 31 July 2026.
Can an old notice still be used to start a claim?
In most cases, no.
A landlord who did not ask the court to issue a possession claim by the applicable deadline cannot now rely on that old section 21 or section 8 notice to begin proceedings.
Serving a notice before 1 May did not reserve the landlord’s right to use it indefinitely.
There may be limited exceptions involving specific circumstances, including certain debt-breathing-space protections. Landlords who believe an exception may apply should obtain case-specific legal advice before taking action.
What happens to claims already issued?
A possession claim that was properly issued on or before 31 July 2026 can generally continue under the transitional rules until the proceedings have concluded.
This does not mean possession will automatically be granted.
The landlord must still prove that:
The original notice was valid.
The correct form was used.
The required notice period was given.
Any relied-upon possession ground applied.
Deposit and other legal requirements were satisfied.
The court claim was issued within the relevant deadline.
A defect in the original paperwork may still cause the claim to fail.
What should a landlord do if no claim was made?
A landlord who still needs possession will generally need to restart the process under the rules that have applied since 1 May 2026.
Section 21 is no longer available. The landlord must identify a current section 8 possession ground and follow the requirements attached to it.
Depending on the circumstances, grounds may relate to:
Rent arrears.
Antisocial behaviour.
Damage or other tenancy breaches.
Sale of the property.
Occupation by the landlord or a qualifying family member.
Certain student-tenancy arrangements.
Each ground has its own evidence, conditions and notice period. Some grounds cannot be used during the first 12 months of a tenancy.
Landlords should not simply amend the date on an old notice or resend it.
Before serving a new notice
Check:
The possession ground
Confirm that the chosen ground genuinely applies and can be evidenced.
The correct form
Use the current statutory section 8 form rather than an old template.
The notice period
Notice periods vary depending on the ground being used.
Deposit compliance
Check that any tenancy deposit was protected correctly and that the required information was provided.
Property and tenancy records
Gather the tenancy agreement, payment history, correspondence, inspection records and evidence supporting the ground.
Restricted periods
Some possession grounds include restrictions on when the property can later be marketed or relet.
Professional review
An incorrect notice can delay possession and increase legal costs.
Why landlords should act carefully
The Renters’ Rights Act introduced stronger enforcement measures against misleading or invalid attempts to end a tenancy.
Written documents, emails, text messages or WhatsApp messages that incorrectly tell a tenant that the tenancy has ended or that they must leave could create additional risk.
The correct legal process must be followed even where the landlord believes the reason for possession is straightforward.
How CMP can help
CMP’s experienced property professionals can help landlords assess their position before they take the next step.
We can help you organise the facts, identify missing evidence and connect you with appropriate possession support.
Already served a notice or unsure whether your paperwork can still be used? Speak to CMP before starting or restarting court action.
Official source
GOV.UK — Giving notice of possession to tenants before 1 May 2026
This article provides general information for landlords in England and is not legal advice. Possession cases are highly dependent on their individual facts, notices and dates. Obtain advice before serving a notice or starting court proceedings.
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