Do landlords need to serve a section 21 notice now, ahead of the Renters' Rights Act?

The Renters’ Rights Bill has passed swiftly through the House of Commons and will have its 2nd reading in the House of Lords on 4 February 2025. It is currently anticipated that the draft legislation could become law as early as April or May 2025.

The law, which will be known as the Renters’ Rights Act, will have retrospective effect. This means that landlords will not have the ability to rely on the mandatory section 21 assured shorthold ground for possession once the legislation comes into force, regardless of when the tenancy was granted, unless the statutory transitional provisions apply.

To take advantage of the transitional provisions as currently drafted, landlords must:

serve a section 21 notice before the Act comes into force; and
issue possession proceedings before the earliest of the following dates:

1. where two months’ notice is required, six months from the date of service of the section 21 notice
2. Where more than two months’ notice is required, four months from the expiry date of the section 21 notice
3. Three months from the commencement date of the new law.

Once the earliest of the dates at (ii) above has passed it will no longer be possible to rely on the section 21 assured shorthold ground for possession if proceedings have not already been issued.

On the face of it, paragraphs (a) and (b) are not problematic as they reflect the current deadlines for issuing proceedings once a section 21 notice has been served. However, the deadline at (c) could be as early as July 2025 and this will effectively override the other deadlines if they expire after this date.

What does this mean for landlords?

Any landlord still wishing to rely on section 21 to recover possession should be considering action now in order to avoid or limit the risk of becoming time-barred from doing so under the Renters’ Rights Act.

Landlords also need to bear in mind that delays could arise if any other steps are required prior to the service of the section 21 notice, for example service of gas safety certificates.

Although the legislation is currently still in draft form, no significant amendments are anticipated and as such, landlords should be considering their position as a matter of urgency and seeking specialist legal advice on how to proceed.

It is important that landlords understand the changes which will affect existing and new residential tenancies once the Renters’ Rights Act comes into force. If you need assistance in this respect please contact Lucie Carey, Zoe McGovern, Amelia Pine or Emma Hindon.

Find out more about the Renters' Rights Bill

The Renters’ Rights Act 2025 will bring significant changes to the private rental sector, including new eviction rules and tenancy rights. Our Renters’ Rights Hub provides in-depth insights and analysis on these reforms. Explore our latest content to stay informed about what this means for landlords and tenants.