Article 4: Transitional Provisions and the End of Section 21 – Deadlines, Risks, and Strategic Considerations
Introduction
The transition from the pre‑existing regime under the Housing Act 1988 to the new framework established by the Renters’ Rights Act 2025 is governed by a complex set of transitional provisions. These provisions are critical because they determine whether landlords can still rely on section 21 notices served before 1 May 2026, or whether they must proceed under the new, more demanding section 8 regime.
Far from being a technical footnote, the transitional regime creates a narrow and highly consequential window for landlords. Failure to comply with strict deadlines may result in the permanent loss of the ability to rely on a previously valid notice.
The Legal Framework of Transition
Schedule 6 to the RRA 2025 governs transitional arrangements. The key principle is that the law distinguishes between:
- Notices already served before 1 May 2026; and
- Whether possession proceedings have been issued before that date.
This distinction determines whether the “old law” survives for a particular case.
If proceedings have already been issued based on a valid section 21 notice before 1 May 2026, the case continues under the pre‑existing legal framework. The tenancy remains an assured shorthold tenancy (AST) for the purpose of those proceedings, and section 21 remains available until the case concludes.
However, where proceedings have not been issued, the landlord must act within strict statutory deadlines or lose the benefit of the notice entirely.
The “Applicable Period” for Section 21 Notices
For section 21 notices served before 1 May 2026 but not yet litigated, the landlord must issue proceedings within the “applicable period”, defined as the earlier of:
- Six months from the date of the notice, or
- Three months from 1 May 2026
This creates a compressed litigation window. In practical terms, many landlords will have only until 1 August 2026 to issue proceedings, regardless of when the notice was originally served.
Failure to issue proceedings within this period means:
- The notice expires and becomes ineffective, and
- The tenancy automatically converts into a periodic assured tenancy under the new regime.
At that point, the landlord must start again using section 8, losing any advantage gained under section 21.
Strategic Risks for Landlords
The transitional provisions create several strategic risks. First, landlords who delay issuing proceedings may inadvertently lose their right to possession under section 21. This is particularly significant where possession was sought for convenience rather than necessity, as the landlord may struggle to satisfy a statutory ground under section 8.
Second, the removal of the accelerated procedure for new claims means that even where proceedings are issued in time, landlords may still face delays and procedural complexity if the claim transitions into a contested hearing.
Third, there is a practical risk of court congestion, as a surge of claims issued before the deadline may place strain on the system, potentially leading to backlogs.
Section 8 Transitional Provisions
The Act also addresses section 8 notices served before 1 May 2026. These notices remain valid, but only within their own “applicable period”:
- 12 months from the date of service, or
- Three months from 1 May 2026, whichever is sooner.
Again, the emphasis is on prompt action. If proceedings are not issued within the relevant timeframe, the notice lapses, and the landlord must comply with the new regime.
Interaction with Case Law
While transitional provisions are statutory, their interpretation will inevitably be shaped by judicial attitudes developed under earlier case law.
Cases such as Spencer v Taylor illustrate the courts’ historic willingness to interpret procedural provisions pragmatically. However, the RRA 2025 introduces more rigid statutory cut‑offs, leaving less scope for judicial flexibility.
Similarly, the reasoning in Trecarrell House Ltd v Rouncefield—which allowed some latitude in compliance—may have diminished influence where Parliament has clearly imposed strict deadlines and conditions.
Conclusion
The transitional provisions represent a critical turning point. They offer landlords a limited opportunity to rely on the outgoing system, but only if they act quickly and decisively.
For many, the message is clear: the window for section 21 has not only closed—it is closing rapidly, and any hesitation may result in a fundamentally different and more demanding legal process.