How landlords can give notice of possession before the 1st of May

Here, we share practical information about what’s changing and when.

The current rules for possession

From now until the end of April 2026, private landlords in England can ask a tenant to leave their property using a Section 21 ‘no fault’ eviction notice or a Section 8, where specified grounds are needed.

Over the years, landlords have tended to prefer a Section 21 because it allows for a faster, more straightforward process.

Section 21 rules:

• No reason needs to be given for the possession of the property
• It can be served at any time during a periodic tenancy
• The tenant must be given at least two months to move out
• It can be served after four months, but can’t expire before the end of a fixed-term tenancy
• If necessary, the landlord can use a court possession order

This has helped simplify the work of landlords. However, it’s also created stress and uncertainty for tenants who might be asked to leave their homes without a clear reason.

The new rules for possession

If a landlord has already given a Section 21 notice that expires after the 1st of May, and the tenant doesn’t leave by this date, they can still apply to the court for a possession order until the 31st of July 2026.

Otherwise, no Section 21s can be issued for existing or new tenancies from the 1st of May. Instead, the landlord must use the updated Section 8, meaning they have to give a specific reason for the possession, such as:

• The landlord wants to move into the property
• The landlord wants to sell the property
• The tenant has rent arrears
• The tenant damages the property or behaves anti-socially

If the tenant isn’t at fault, they get more time to find a new home – often, four months rather than the current two. If this person refuses to leave by the deadline, the landlord must go through a court hearing where they provide evidence, such as proof of their efforts to sell the property. Here are more government details on giving notice to tenants.

Part of wider government reform

The abolishment of Section 21 is part of the Renters’ Rights Act (RRA). Under the new system, fixed-term tenancies are being replaced with periodic ones. More generally, rules are getting stricter with the goal of giving tenants better rights and freedoms. Along the way, landlords are required to adapt how they manage their properties.

If you’re in any doubt over your responsibilities, speak to a legal expert for advice. And keep an eye on the Winkworth blog for further updates on how both landlords and tenants can prepare for changes. Next time, we’ll be discussing mandatory periodic tenancies and the ban on blanket discrimination.