From 1 May 2026, the way tenancies end in England and Wales changes completely. The no-fault Section 21 eviction process is abolished, and every possession claim will require a hearing in court. For tenants and landlords alike, understanding the new notice periods and grounds for possession is no longer optional — it’s the difference between a lawful eviction and a penalty of up to £40,000.
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This article is general information only and does not constitute professional advice. For your specific situation, consult a qualified professional.
These changes come from the Renters’ Rights Bill, and they affect every single tenancy in the private rented sector. The old system where a landlord could end a tenancy without giving a reason is gone. In its place is a set of specific grounds, longer notice periods, and a court system that’s already under pressure. Here’s what you actually need to know.
What the New Notice Periods Mean for Tenants and Landlords
What I tend to notice is that most people still think of tenancies in terms of six-month or twelve-month fixed terms. That model is ending. If you’re a tenant, you need to understand that your notice rights start immediately. If you’re a landlord, the days of serving a Section 21 with no reason are over. The rights and responsibilities on both sides have shifted significantly.
The Full Cost of Getting Notice Periods Wrong
Getting a notice period wrong isn’t a minor paperwork error. Under the new rules, the financial consequences are severe. Civil penalties can reach £40,000, and criminal sanctions also apply. If a tenant leaves within four months of a breach, the landlord faces up to £7,000 per breach.
Consider this scenario: a landlord serves a notice to end a tenancy under Ground 1 (landlord moving in) but serves it during the 12-month protection period. That notice is invalid. If the landlord proceeds to court, the claim will be struck out. The tenant could then claim damages, and the landlord may face a penalty. The court fee, the solicitor costs, and the lost rent add up fast.
There’s also the court backlog to factor in. Currently, it takes about 8–12 weeks to reach a possession hearing. With every possession claim now requiring a hearing (because Section 21 is gone), that timeline is expected to rise to 15–18 weeks. Landlords who serve invalid notices waste months and money. Tenants who receive invalid notices should understand that the notice may have no legal effect.
The table below shows how the new notice periods compare to the old system for the most common grounds.
→ Scroll right to see all columns
| Ground for possession | Old notice period | New notice period (from 1 May 2026) | Key restriction |
|---|---|---|---|
| Section 21 (no fault) | 2 months | Abolished | Cannot be used at all |
| Ground 1 (landlord/family occupation) | 2 months | 4 months | Cannot use in first 12 months |
| Ground 1A (intention to sell) | N/A (new ground) | 4 months | Cannot use in first 12 months; no re-let for 12 months |
| Ground 8 (rent arrears) | 2 months | 4 months | 3 months’ arrears threshold; UC delays excluded |
If you’re a tenant facing a notice, it’s worth checking your tenancy agreement and any prescribed information you received at the start. A missing document can invalidate the entire process.
Common Mistakes That Invalidate a Notice
Serving notice during the 12-month protection period
This is the most common error I see coming. A landlord who wants to move into their property or sell it cannot serve notice under Ground 1 or Ground 1A during the first 12 months of a tenancy. The protection period applies to all new tenancies and to existing tenancies that are less than 12 months old on 1 May 2026. For example, a tenancy that started in December 2025 is protected until December 2026. A notice served in June 2026 would be invalid. The landlord must wait until the 12 months are up, then serve four months’ notice — meaning possession cannot happen until at least 16 months after the tenancy started.
Using the wrong notice period for rent arrears
Ground 8 now requires three months’ rent arrears (up from two months) and four months’ notice (up from two months). But there’s a catch: late Universal Credit payments are excluded from the arrears calculation. If a tenant’s UC payment is delayed by the system, that doesn’t count as arrears. Landlords who calculate the arrears including UC delays will find their notice is invalid. The tenant can stay, and the landlord has to start again. For tenants, this means a valid notice under Ground 8 must show arrears of at least three months’ rent after excluding any UC delays.
Not protecting the deposit before serving notice
Under the new rules, the deposit must be protected before any Section 8 notice can be served. Late protection is now curable — the landlord can protect the deposit and serve the prescribed information late without returning the deposit. But the protection must happen before the notice is served. A landlord who serves notice first and then protects the deposit has an invalid notice. The court will not grant possession. For tenants, this is a key check: if your deposit wasn’t protected before the notice date, the notice is likely invalid.
Verbal terminations and informal notices
From 1 May 2026, verbal terminations are not permitted. No more “I’m giving you notice” over the phone. All notices must be in writing using prescribed forms. The landlord must also have an objectively reasonable belief that possession will be obtained. This means a landlord cannot serve a notice speculatively — they need a genuine intention to use the ground they’re relying on. If a landlord serves a Ground 1 notice but has no real plan to move in, that’s a breach. Each act of marketing the property after possession under Grounds 1 or 1A is a separate breach, with penalties up to £40,000.
What I’d do if I were a landlord right now is review every existing tenancy and check the start dates. The 12-month protection period doesn’t reset on 1 May 2026 — it runs from the tenancy start date. A tenancy that began in January 2026 is protected until January 2027, not May 2027. Getting that wrong is the most expensive mistake you can make.
How the New Possession Process Works in Practice
Understanding the grounds and their windows
The new system has five main grounds for possession, each with its own timing and restrictions. Ground 1 (landlord or family occupation) now covers wider family members and doesn’t require the landlord to have previously lived in the property. Notice period is four months, and it cannot be used in the first 12 months. Ground 1A (intention to sell) is entirely new — four months’ notice, cannot be used in the first 12 months, and if the property doesn’t sell, it cannot be re-let for 12 months. Ground 6 (redevelopment) cannot be used in the first six months unless a compulsory purchase order applies. Ground 8 (rent arrears) requires three months’ arrears and four months’ notice. Ground 4A (student accommodation) applies only to HMOs meeting the “student test” — the notice must expire between 1 June and 30 September.
Serving the notice correctly
The notice must be in writing on a prescribed form. It must be served with an objectively reasonable belief that possession will be obtained. The notice period must align with the rent period — for a monthly tenancy, at least one month’s notice ending on the first or last day of the rent period. For a weekly tenancy, at least four weeks’ notice. If the notice doesn’t align with the rent period, it may extend the tenancy unintentionally. The notice must also include the prescribed information — EPC, “How to Rent” guide, and gas safety certificate — all of which must be registered on the new Private Rented Sector Database when it launches in late 2026.
The court process and timeline
Every possession claim now requires a hearing. There is no accelerated possession route. The current wait for a possession hearing is 8–12 weeks, but this is expected to rise to 15–18 weeks once the Section 21 abolition takes effect. The court system has not been given additional sitting days or possession lists at implementation — court performance will simply be “monitored.” This means delays are likely to worsen before they improve. For landlords, this makes getting the notice right the first time even more critical. For tenants, it means a valid defence can buy significant time.
Post-possession restrictions and the database
After possession under Grounds 1 or 1A, the property cannot be re-let, licensed, or marketed for 12 months. Each act of marketing is a separate breach. Landlords will need to log sales activity on the future database. The database will also require registration of EPCs, “How to Rent” guides, and other prescribed information. Agents and solicitors now have new statutory duties, including providing a written statement of terms within 28 days of the tenancy starting. Failure to comply can result in penalties.
For tenants, the new system offers stronger protections, but it also requires understanding your rights. If you’re unsure about a notice you’ve received, speaking to a tenant and landlord lawyer can clarify whether it’s valid before you take any action.
Frequently Asked Questions About Lease Termination Notice Periods
Can a tenant give notice on the first day of a tenancy? ▾
What happens if a landlord serves a Section 21 notice before 1 May 2026? ▾
Does the 12-month protection period reset on 1 May 2026? ▾
What counts as a valid reason for a landlord to take possession? ▾
Can a landlord evict a tenant for late Universal Credit payments? ▾
What should a tenant do if they receive an invalid notice? ▾
The Shift to Periodic Tenancies Changes Everything
The abolition of fixed-term assured shorthold tenancies is the structural change that most people haven’t fully absorbed. From 1 May 2026, no new ASTs can be created. All new tenancies are periodic from the start. This means there’s no fixed end date, no automatic renewal, and no six-month minimum commitment. For tenants, it offers flexibility — you can leave with proper notice from day one. For landlords, it removes the certainty of a fixed term but replaces it with a system where possession is only possible on specific grounds with longer notice periods.
Remember: this article is general information only. For advice on your specific situation, speak to a qualified professional.
If this was useful, you might also want to read Essential Tips for Meeting Rental Income Criteria in the UK.
Sources and Further Reading
Beyond the Rent: Hidden Costs Every UK Renter Needs to Budget For — A practical guide to the full cost of renting beyond the monthly rent, including fees, deposits, and bills.
Leasing in London: Navigate the Competitive Market Like a Pro — Tips for finding and securing a rental in London’s fast-moving market, including how to prepare documents and act quickly.
Higgs LLP (2026). What Landlords and Agents Need to Know Before Section 21 Ends in May 2026. 🔗
Legislation.gov.uk. Housing Act 1988. 🔗
Gov.uk. Possession court proceedings. 🔗
