Section 8 Notice & It’s Purpose
Before the introduction of the assured tenancy regime, most private residential tenancies were governed by Rent Act 1977.
Under that framework, tenants enjoyed security of tenure, meaning that landlords could only regain possession on a limited number of statutory grounds.
The courts exercised discretion and, in many cases, possession would only be granted if it was considered reasonable to do so.
As a consequence, the Rent Act system was widely regarded as offering tenants a very high level of protection, but it also significantly restricted landlords’ ability to recover possession of their properties.
New Rules - Section 8 Grounds 1 and 1A
The reliance on these 2 Mandatory Grounds under the Renters' Rights Act 2025 have raised significant questions throughout the private rented sector.
Comments published by the national press, trade press and those who do not understand the intricacies and detail are far from helpful.
Landlords must obtain legal advice before going down this route, ensuring the time-frames are adhered to and the restrictions are not breached.
The government has published further guidance on the rules that will govern the service of Section 8 under the Renters’ Rights Act 2025.
The Importance of 1st May 2026
When the Renters’ Rights Act received Royal Assent, the key point of discussion was when Secondary Legislation would be implemented - June 2026 was a clear favourite, however, civil servants opted for 1st May 2026. Whilst it is too late to change anything now, May is one of the shortest months in the calendar.
The Renters’ Rights Act has put in place some significant time frames for landlords and letting agents when Time will be of the Essence. The government will publish the Information Sheet and the Written Statement of Terms in March 2026 which landlords must not only familiarise themselves with, but also adhere to some strict time frames. From the 1st May 2026 landlords must serve the Information Sheet on all existing tenants and guarantors. The deadline to ensure they have complied is 31st May 2026, however, May is a very short month. There are 31 calendar days, 5 weekends totalling 10 weekend days.
RRA 2025 Update - Government publishes Statutory Instrument for Written Statement of Terms.
The Assured Tenancies (Private Rented Sector) (Written Statement of Terms, etc. and Information Sheet) (England) Regulations 2026 have been published by the government.
What does this mean?
For all existing tenancies created before 1st May 2026, landlords will not be required to issue a new tenancy agreement if an agreement already exists in writing. The landlord, will, however, be required to provide tenants with a copy of the ‘Information Sheet’ published by the government on or before 31 May 2026. The ‘Information Sheet’ must be given to all tenants named on a tenancy agreement and their guarantors, and can be provided electronically or in hard copy format.