23 Apr 2026
Between now and 01 May 2026 the most critical action any landlord can take is to decide whether a Section 21 notice needs to be served immediately, because once that date passes the option disappears entirely.
This is not a decision that can be delayed or revisited later because the legal route itself is being removed, not amended or restricted. If there is any doubt about a tenancy, any concern about behaviour, or any intention to regain possession in the foreseeable future, action must be taken before May.
Waiting to see how things develop is no longer a sensible approach because the fallback position will no longer exist. A Section 21 notice served correctly before the deadline preserves an opportunity that cannot be recreated afterwards.
However, it is not enough to simply serve a notice and assume the job is done. The notice must be valid, compliant, and capable of being relied upon in court. This means all preconditions must be satisfied before service.
Deposit protection must have been carried out correctly and within the required timeframe. The prescribed information must have been served properly.
Gas safety certificates, energy performance certificates, and the required information documents must have been provided in accordance with the legal requirements.
If any of these elements are missing or defective then the notice will be invalid and the opportunity will be lost despite having acted before the deadline.
That is the trap many landlords will fall into in the final months leading up to May 2026.
They will act in haste but without checking compliance and will end up with a notice that cannot be enforced. There must be a proper review of the tenancy before any notice is served. This is not administrative work but legal preparation.
If issues are identified they must be corrected immediately where possible before service takes place. Once a valid notice is served the next step must also be considered carefully.
If possession is not given voluntarily by the tenant then proceedings must be issued within the correct timeframe. Allowing a notice to expire without progressing to court will result in the loss of that route.
This is where discipline becomes critical. Serving a notice without a clear plan to follow it through is pointless. Landlords must decide in advance whether they are prepared to proceed to court if required. If the answer is yes then the groundwork must be in place so that the claim can be issued without delay. The reality is that the courts will become busier as the deadline approaches and delays should be expected.
This makes early action even more important. Leaving service until the last moment increases the risk of administrative errors, tenant disputes, and court delays.
There is also a strategic element to consider. Not every tenancy requires a Section 21 notice, but every tenancy should be assessed as if it might.
Landlords must make clear decisions based on risk rather than convenience. A well performing tenancy with a reliable tenant may not require action. A tenancy with underlying issues, even if they are not yet serious, may justify serving a notice to preserve options. This is about control rather than reaction.
Once 01 May 2026 arrives, the ability to act without proving fault disappears. That means the decision not to serve a Section 21 notice now is effectively a decision to accept the future limitations of Section 8. For some landlords that will be acceptable.
For others it will create significant difficulty. The key point is that this is a one-time decision window.
It cannot be reopened later, between now and 01 May 2026 landlords must review, decide, and act where necessary. Failure to do so will NOT result in a second chance. It will simply mean operating under a more restrictive system with fewer options and greater reliance on evidence and process.
Find the government RRA Information Sheet to issue to tenants here: rentersrightsinfo.co.uk
Book a 30 minute personal consultation call with Property Legislation Expert Des Taylor here
