Key Takeaways
- The Renters’ Rights Act 2025 came into force on 1 May 2026, abolishing Section 21 ‘no-fault’ evictions in England and fundamentally changing landlord notice periods.
- Landlords must now use a Section 8 notice citing at least one legal ground for possession. The notice period depends on the ground used, ranging from no notice to four months.
- Most grounds for possession, including wanting to sell or move in, require four months’ notice. Rent arrears grounds require four weeks’ notice.
- A 12-month protected period applies at the start of any tenancy, during which landlords cannot serve notice under the main no-fault grounds.
- Tenants must give their landlord at least two months’ written notice to end a tenancy.
For years, the answer to how much notice a landlord has to give depended on whether they were using a Section 21 or Section 8 notice. That changed on 1 May 2026 when the Renters’ Rights Act 2025 came into force, abolishing Section 21 entirely and replacing the old notice period system with a new set of rules.
The changes affect all private tenancies in England and represent the most significant shift in landlord-tenant law in over 30 years. Whether you’re a landlord trying to understand your obligations or a tenant wanting to know your rights, the rules you need to know are different from what they were even a few months ago.
In this article, we set out the current notice periods, explain the key changes the Renters’ Rights Act has introduced and cover what this means in practice. Our landlord and tenant solicitors at Osbourne Pinner can advise on specific situations if you need guidance.
What Changed on 1 May 2026?
The Renters’ Rights Act 2025 introduced several major changes to private tenancy law in England from 1 May 2026:
- Section 21 ‘no-fault’ evictions are abolished. Landlords can no longer end a tenancy simply by serving a Section 21 notice without giving a reason.
- All tenancies become periodic. Fixed-term assured shorthold tenancies (ASTs) are replaced by rolling periodic tenancies. Existing fixed terms run to their contractual end date and then convert automatically.
- New grounds for possession were introduced, including Ground 1A (landlord wants to sell) and Ground 1B (family member moving in).
- A 12-month protected period now applies at the start of all new tenancies, preventing landlords from using the main no-fault grounds during that time.
- Rent increases are now governed solely by Section 13, with stricter rules on frequency and a minimum two months’ notice.
These changes apply in England only. Wales, Scotland and Northern Ireland each have their own separate legislative frameworks.
How Much Notice Does a Landlord Have to Give in 2026?
The notice period now depends entirely on the legal ground the landlord is relying on under Section 8. There is no single answer that applies to all situations.
In broad terms, the most common notice periods are:
- Four months’ notice: Required for the main no-fault grounds, including the landlord or a family member wanting to move in (Ground 1), the landlord wanting to sell (Ground 1A) and major redevelopment works (Ground 6)
- Two months’ notice: Required for grounds such as the death of a tenant (Ground 7), mortgagee repossession (Ground 2) and certain student HMO tenancies (Ground 4A)
- Four weeks’ notice: Required for rent arrears (Grounds 8, 10 and 11), anti-social behaviour (Ground 14) and breach of tenancy (Ground 12)
- No notice: In the most serious cases of anti-social behaviour under Ground 14ZA, the landlord can apply to court immediately
The notice period is the minimum time that must pass between the landlord serving the Section 8 notice and making a court application for possession. Court proceedings then take additional time on top of that.
The 12-Month Protected Period
One of the most significant new protections for tenants is the 12-month protected period at the start of any tenancy. During this period, landlords cannot serve a Section 8 notice under the main no-fault grounds, including Ground 1 (moving in), Ground 1A (sale), Ground 1B (family member) and Ground 6 (redevelopment).
This means that even if a landlord decides to sell a property shortly after letting it, they cannot force the tenant to leave on the basis of sale for at least 12 months from the tenancy start date. The protected period applies to both new tenancies started from 1 May 2026 and to existing tenancies, calculated from their original start date.
Rent arrears and anti-social behaviour grounds are not subject to the protected period. A landlord can act on these immediately if the grounds are met.
Evicting for Rent Arrears
The Section 8 rent arrears grounds remain available and are not affected by the 12-month protected period.
Ground 8 is mandatory. If a tenant has at least three months’ rent unpaid at both the date the notice is served and at the date of the court hearing, the court must grant a possession order. The landlord needs to give four weeks’ notice before applying to court.
A new Ground 8A has also been introduced for persistent rent arrears, covering cases where a tenant has fallen at least three months into arrears on three separate occasions in the preceding three years. This also requires four weeks’ notice.
Ground 10 covers smaller arrears and is discretionary, meaning the court will consider whether it is reasonable to grant possession. Ground 11 covers persistent late payment. Both require four weeks’ notice.
Selling Your Rental Property: Ground 1A
One of the new grounds introduced by the Renters’ Rights Act is Ground 1A, which allows a landlord to recover possession where they intend to sell the property. This replaces the previously common practice of serving a Section 21 notice when wanting to sell.
The landlord must give four months’ notice and cannot use this ground in the first 12 months of the tenancy. If the sale doesn’t proceed after possession is granted, there are restrictions on re-letting the property. The ground is mandatory. So, if it’s proven, the court must grant possession.
What Happens to Notices Served Before 1 May 2026?
Landlords who served a valid Section 21 notice before 1 May 2026 have until 31 July 2026 to start court proceedings on the basis of that notice. After that date, no further Section 21 court applications will be accepted.
Section 8 notices served before 1 May 2026 using the old grounds can still be used to start proceedings, but only for a limited time. That’s 12 months from the date the notice was served or three months from 1 May 2026, whichever comes first. After that, landlords will need to issue a fresh notice under the new rules.
How Much Notice Does a Tenant Have to Give?
Under the new rules, tenants must give their landlord at least two months’ written notice to end a periodic tenancy. Since all tenancies are now periodic, there’s no fixed term to run out. A tenant can serve notice at any point from the start of the tenancy.
A landlord and tenant can mutually agree to end a tenancy sooner through a surrender, but this must be a genuine agreement. So, a landlord can’t pressure a tenant into surrendering.
Rent Increases: Two Months’ Notice Required
The Renters’ Rights Act also changes how landlords can increase rent. From 1 May 2026, Section 13 of the Housing Act 1988 is the only permitted mechanism for raising rent on a periodic tenancy. Landlords must give at least two months’ written notice using a prescribed form (Form 4A), and can only increase rent once in any 12-month period.
No rent increase is permitted in the first 12 months of a new tenancy. If a tenant challenges the proposed increase at the First-tier Tribunal, the tribunal cannot backdate the increase before the hearing date and cannot set a rent higher than the landlord proposed.
What Do Landlords Need to Do Now?
Landlords who haven’t yet reviewed their tenancy arrangements in light of the Renters’ Rights Act should do so promptly. The practical steps are: confirm that any Section 21 or Section 8 notices served before 1 May 2026 are still valid and check whether the court deadlines apply; understand which Section 8 grounds apply to your property if you need to recover possession; check tenancy start dates to establish whether the 12-month protected period applies; and ensure any rent increases are being handled through the correct Section 13 process.
Getting this wrong can result in invalid notices, wasted court fees and significant delays in recovering possession.
Speak to a Landlord & Tenant Solicitor
The Renters’ Rights Act has made landlord and tenant law significantly more complex. Serving the wrong notice, using the wrong ground or missing a deadline can set the possession process back by months. Getting advice before you act is the most cost-effective approach.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
At Osbourne Pinner, our landlord and tenant solicitors advise private landlords on all aspects of possession proceedings, tenancy compliance and the practical implications of the Renters’ Rights Act. We can review your notices, advise on the correct grounds and represent you in court if possession proceedings are required.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
