The Renters’ Rights Act 2025 abolishes Section 21. That much is widely understood.
What is not widely understood is how the transitional regime actually works, and where landlords are likely to come unstuck.
There are two separate statutory deadlines. Both derive from primary legislation. Neither is flexible. If you get either wrong, the notice ceases to have effect.
The Service Cut-Off
Section 21 will cease to exist from the Act’s commencement date, to be appointed by statutory instrument.
The Government has indicated an intended commencement of 1 May 2026, subject to formal regulations.
If that date is appointed:
• The final lawful day to serve a Section 21 notice will be 30 April 2026.
• Any notice served on or after commencement will be invalid.
There is no saving provision. Once commencement occurs, Section 21 is gone.
For landlords who are “thinking about serving”, that is the first and most immediate risk.
The Proceedings Backstop Under Schedule 6
Serving before commencement is only half the job. Schedule 6 paragraph 4 of the Act substitutes new subsections into section 21 HA 1988. The key wording provides that proceedings may not be begun:
if the claimant requests the court to issue the claim after the end of the applicable period.
The “applicable period” is:
• six months from the date the notice was given; or
• three months from the commencement date, if that expires sooner.
That drafting matters. The statute does not say proceedings must be “issued” within time.
It says the claimant must request the court to issue the claim within time. That is a deliberate choice of language.
Why the Wording Is Significant
Under CPR 7.2, proceedings are normally started when the court issues the claim form.
The Renters’ Rights Act does not adopt that formulation. It focuses on the claimant’s act of requesting issue.
The effect is straightforward:
• The statutory question is when the request was made.
• Court delay in sealing the claim is irrelevant.
• The burden is evidential.
This aligns with the established appellate authorities on statutory deadlines, including Page v Hewetts Solicitors and Chelfat v Hutchinson 3G, which recognise that time limits should hinge on acts within the claimant’s control.
The difference is that the RRA 2025 now embeds that principle expressly into primary legislation.
An argument that proceedings must be formally issued before expiry would require the court to ignore the statutory wording. That would be a difficult submission.
Where 31 July 2026 Comes From
The Act does not specify 31 July 2026. It specifies three months from the commencement date.
If commencement is appointed as 1 May 2026, the three-month backstop expires on 31 July 2026. The date is simply the product of the statutory formula.
If commencement changes, the deadline changes. But at the time of writing, it is very unlikely the Government will change from introducing Phase 1 of the RRA 2025 from 1 May 2026.
Where Landlords Will Get Caught
The real risk is not interpretation. It is execution. To comply with the Act, a landlord must make a valid request for issue within the applicable period. That means:
• A complete claim form.
• The correct court.
• The correct fee paid.
• Submission received in time.
If a claim is rejected for defect and only corrected after the applicable period expires, the notice may already have lapsed.
There is no discretion to extend the period.
The Practical Position
Landlords now face a compressed and technical transitional regime:
• No service after commencement.
• No request for issue after the applicable period.
• No second chances if the notice lapses.
If commencement is 1 May 2026, that means:
• Service must occur before 1 May 2026.
• Proceedings must be requested by the earlier of six months from service or 31 July 2026.
The law is clear. The consequences of error are permanent.
Final Thoughts
The transitional provisions are not complicated, but they are precise. The drafting is careful. The margin for error is small.
If you have served, or are considering serving, a Section 21 notice, now is the time to review your position. Not in April 2026.
At Ubique Legal, we specialise exclusively in property and property litigation. We are advising landlords and agents now on how to navigate the transitional window properly.
If you want clarity on your position, get in touch.
