Possession Proceedings pre the Renters’ Rights Act 2025 - Deadline Approaches

The first phase of the Renters’ Rights Act 2025 came into force on 1st May 2026, marking one of the most significant historical changes to possession proceedings since the introduction of assured and assured shorthold tenancies under the Housing Act 1988 (Amended).

Before 1st May 2026, landlords could recover possession through two principal routes:-

Section 21 notice, which did not require the landlord to establish a statutory ground, and Section 8 notice , which required the landlord to rely upon one or more grounds contained within Schedule 2 to the Housing Act 1988 (Amended).

The Renters’ Rights Act abolished assured shorthold tenancies and Section 21 for both new and existing tenancies. Existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026, and landlords must now rely upon the revised Section 8 grounds when seeking possession. These changes apply to England. GOV.UK’s landlord overview

If landlords served a possession notice before 1st May 2026 the deadline by which proceedings must be commenced is on 31st July 2026.

Notices served before 1 May 2026

Transitional provisions apply where a Section 21 notice or Section 8 notice was served before 1st May 2026. These provisions allow landlords to rely upon certain notices served under the previous possession regime, but only for a limited period.

Before commencing proceedings, landlords and agents should check that:-

• the notice was served before 1st May 2026

• the correct prescribed form was used

• the relevant statutory requirements were satisfied

• the correct possession grounds and supporting particulars were included in a Section 8 notice

• the correct notice period was given

• the notice was served correctly and evidence of service has been retained

• the court issues the possession claim before the applicable transitional deadline.

It is not sufficient merely to send the application to the court by the deadline. The claim must be issued within the permitted period.

Increase in Court Fee

From 13the July 2026, the County Court fee for issuing a possession claim increased from £404.00 to £415.00 The fee applies to both paper-based possession claims and claims commenced through the online possession service. Ministry of Justice fee announcement

A Few Days to go - Immediate Action Required

Landlords and agents relying upon a Section 21 or Section 8 notice served before 1st May 2026 must review the notice served immediately. The last date for commencing proceedings under the transitional arrangements is 31st July 2026..

Where the transitional deadline is missed, the previous notice will no longer support possession proceedings. The landlord will need to reassess the circumstances, identify an available ground under the new Section 8 regime and begin the possession process again.