Do you need to serve a section 8 notice before the Renters’ Rights Act comes into force?

read time: 2 min
29.01.25

The Renters’ Rights Bill will have its second reading in the House of Lords on 4 February 2025. It's 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 the new legislation will apply to both existing and new tenancies. 

As well as the much heralded removal of section 21, i.e. the no-fault notice procedure, the new legislation will also make significant changes to the grounds, e.g. non-payment of rent or redevelopment, on which a section 8 notice can be served.

Based on the current draft of the Renters’ Rights Bill, if a section 8 notice has been served and proceedings have been issued before the legislation comes into force, those proceedings will be allowed to continue. 

However, if a section 8 notice has been served before the legislation comes into force but proceedings have not been issued, proceedings based on that notice must be issued before the earliest of the following dates: 

  1. the period of 12 months from the date of service of the section 8 notice; or
  2. the period of 3 months beginning with the commencement date of the Renters’ Rights Act

If proceedings haven't been issued by the earliest of these deadlines, it will no longer be possible to rely on the original section 8 notice and a new notice based on the amended/new grounds for possession will need to be served. 

What should landlords do?

The no-fault nature of section 21 has obvious appeal, but section 8 can also be a useful tool, especially if circumstances preclude service of a section 21 notice. 

Although the legislation is currently still in draft form, no significant amendments are anticipated
and as such, landlords wishing to terminate assured shorthold tenancy agreements should be considering now if there is any advantage in utilising the current section 8 grounds.

It's 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.

Learn more
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