Transitional cases: notices served before 1 May 2026
What happens to section 21 and section 8 notices, and possession claims, that started before the Renters' Rights Act changes came into force on 1 May 2026. Sources cited inline; full list at the end.
The short answer
The 1 May 2026 changes do not apply to everything at once. In some cases, tenancies and possession cases continue under the old law [S1, S5]. The transitional and saving provisions are set out in the Commencement No. 2 and Transitional and Saving Provisions Regulations 2026 (S.I. 2026/421) [S8].
Section 21 notices served before 1 May 2026
- If a section 21 notice was served before 1 May 2026, the case can continue under the old rules in certain circumstances [S1, S5]. GOV.UK points landlords and tenants to a separate guide covering pre-1 May section 21 notices and possession claims [S5].
- Section 21 cannot be used where it would not have applied before the change date — the abolition does not reach back into cases already governed by the old law [S1, S5].
Possession claims already in the system
- Possession proceedings that had already started before 1 May 2026 continue under the old rules in some cases [S5].
- New claims made on or after 1 May 2026 must use the new section 8 regime: Form 3A notice wording, the new ground wordings, and the new notice-period tiers [S5, S6].
Different starting points
- Existing tenancies automatically became assured periodic tenancies on 1 May 2026; any fixed-term end date in an old agreement no longer applies [S1, S2].
- Landlords had to give existing tenants the government Information Sheet by 31 May 2026 [S1, S2].
'Lifetime' (non-AST) assured tenants
- Some tenants on pre-RRA assured tenancies that were never shorthold (so-called 'lifetime' tenancies) keep extra protection: Ground 1A (sale) is not available against them [S4].
- The Private Registered Provider changes for social housing come in from 2027, later than the private-rented changes [S4, S5].
Where the detail lives
This page states only what the primary sources confirm. The exact transitional regulation wording (including which specific cases continue under the old law) is in the Regulations themselves [S8]; GOV.UK's repossession guide links to a separate pre-1 May guide for the detail [S5]. Rather than paraphrase unverified regulation detail, we point to the source: read S.I. 2026/421 and the GOV.UK pre-1 May guide before acting on a transitional case.
Sources
- [S1] Renters' Rights Act overview for tenants — https://www.gov.uk/guidance/renters-rights-act-overview-for-tenants
- [S2] Overview for landlords — https://www.gov.uk/guidance/renters-rights-act-an-overview-for-landlords
- [S4] Grounds for possession: guidance for tenants — https://www.gov.uk/government/publications/grounds-for-possession-tenant-guidance/grounds-for-possession-guidance-for-tenants
- [S5] Repossessing your privately rented property after 1 May 2026 — https://www.gov.uk/guidance/repossessing-your-privately-rented-property-after-1-may-2026
- [S6] Housing Act 1988 s.8 (as at 1 May 2026) — https://www.legislation.gov.uk/ukpga/1988/50/section/8
- [S8] S.I. 2026/421 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 — https://www.legislation.gov.uk/uksi/2026/421