Giving Notice to Tenants Before 1 May 2026 - What Landlords Need to Know

If you’re a landlord in England, the rules around regaining possession of your property are changing and the timing matters.

The government has now confirmed how notices must be served for tenancies that start, end, or are ongoing before 1 May 2026, as part of the transition to the Renters’ Rights reforms. While the detail is technical, the practical takeaway is simple: the notice you serve depends on when the tenancy began and when you’re taking action.

Here’s what landlords need to know in plain English.

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The Big Picture

Until 1 May 2026, the current possession process still applies. That means:

• Section 21 (no-fault) notices are still lawful

• Section 8 notices remain the route for fault-based possession

• Prescribed forms, notice periods, and paperwork must be correct

From 1 May 2026 onwards, the system changes, but this blog focuses on what applies before that date, which is where most mistakes are currently being made.

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Using Section 21 Before 1 May 2026

You can still serve a Section 21 notice but only if all compliance steps have been met.

To serve a valid Section 21 notice, landlords must have already provided:

• A valid Energy Performance Certificate (EPC)

• A current Gas Safety Certificate (where applicable)

• A current EICR

• The government’s How to Rent guide

• Evidence that the deposit was protected correctly and on time

Miss any of these or serve them late and the notice may be invalid.

Timing matters

• You must give at least two months’ notice

• A Section 21 cannot be served in the first four months of the tenancy

• The notice is only valid for six months from the date it’s served

This is where many landlords trip up especially if paperwork has been handled inconsistently over time.

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Using Section 8 Before 1 May 2026

If there’s a specific reason for possession such as rent arrears or breach of tenancy Section 8 remains available.

The notice period depends on the ground used, and different grounds require different evidence.

Common examples include:

• Rent arrears

• Persistent late payment

• Breach of tenancy terms

• Anti-social behaviour

Accuracy is critical here. Incorrect grounds or weak evidence can delay proceedings significantly.

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Transitional Tenancies - Where Things Get Complicated

One of the biggest sources of confusion is tenancies that started before 1 May 2026 but continue beyond it.

In short:

• Notices served before 1 May 2026 follow the current rules

• Notices served after that date will fall under the new system even if the tenancy began earlier

This is why timing, records, and advice matter more than ever.

“We’re already seeing landlords caught out by notice dates rather than intentions. The law doesn’t bend for good intentions only for correct process.”
— Lisa Bailey, Personal Economy Lettings

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Why Getting This Wrong Is Risky

Serving the wrong notice - or serving it incorrectly - can mean:

• Starting the process again from scratch

• Losing months of time

• Increased legal costs

• Unnecessary stress for both landlord and tenant

And once the new Renters’ Rights framework comes into force, retrospective fixes won’t be available.

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Our Advice to Landlords

If possession may be needed in the next 12 months, now is the time to:

• Review tenancy start dates

• Audit compliance documents

• Check notice eligibility

• Plan timelines carefully

Even landlords who self-manage are increasingly asking for a second set of eyes, because the cost of getting this wrong is rising.

Need a Compliance Sense-Check?

At Personal Economy Lettings, we help landlords stay compliant, informed and in control, whether we fully manage the property or support you through Lettings PA.

If you’re unsure which notice applies to your tenancy, or whether your paperwork stacks up, we’re happy to talk it through.

📩 Get in touch for calm, practical advice before small errors turn into big delays.