Renters’ Rights Act: the new rules on serving notice (don’t get this wrong)! ⚠️
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With the removal of Section 21 from 1 May 2026, the way landlords end tenancies has fundamentally changed - there is no longer a “no-fault” route.
Instead, all possession must now be handled through Section 8 and specific legal grounds — and getting this wrong carries real risk.
This guide is based on a detailed PDF produced by Rightmove, featuring insights from leading property lawyer David Smith (Partner at Spector Constant & Williams), and is designed to give landlords a practical overview of how notice works under the new regime.
👉 To see these slides as a full PDF, download the original from Rightmove here 📩
As a summary:
🔸 Don't get the notice wrong!
🔸 If your notice is served incorrectly, your possession claim can fail
🔸 More seriously, you can be fined even if the tenant leaves voluntarily
🔸 The guide makes it clear that if a tenant leaves after receiving a notice — and you relied on a ground you weren’t entitled to use — you can still face penalties whether the mistake was intentional or not
Broadly, the grounds fall into categories such as:
🔹 Landlord intention (e.g. selling or moving in)
🔹 Tenant behaviour (e.g. arrears or breach)
🔹 Property-related reasons (e.g. redevelopment)
🔹 Specialist situations (e.g. student lets or employment-linked housing)
The Grounds Most Landlords Will Use
🔸 Ground 1 – Landlord Moving In
🔸 Used where the landlord (or close family) intends to occupy
🔸 4 months’ notice
🔸 Cannot re-let or market the property for up to 16 months total
🔹 Ground 1A – Selling the Property
🔹 Used where the landlord intends to sell
🔹 4 months’ notice
🔹 Same restriction: no re-letting/marketing for up to 16 months
🔸 Ground 8 – Serious Rent Arrears
🔸 Typically requires 3 months’ arrears
🔸 4 weeks’ notice
🔹 Ground 10 & 11 – Rent Issues
🔹 Ground 10: some arrears
🔹 Ground 11: persistent late payment
🔹 Typically 4 weeks’ notice
🔸 Ground 12 – Breach of Tenancy
🔸 Used for non-rent breaches
🔸 2 weeks’ notice
🔹 Ground 14 – Anti-Social Behaviour
🔹 Covers nuisance and ASB
🔹 No notice required in some cases
🔸 Ground 6 – Redevelopment
🔸 Used where major works cannot be done with tenant in place
🔸 4 months’ notice
As you can see, notice periods vary depending on the ground, here's an overview:
➡️ 4 months → sale, moving in, redevelopment
➡️ 2 months → employment-related grounds
➡️ 4 weeks → rent arrears / persistent issues
➡️ 2 weeks → breach or specific misconduct
➡️ No notice → serious anti-social behaviour
Every notice now needs to be deliberate, evidenced, and correct
Need help? If you’re unsure which ground applies — or how to serve notice correctly — our team is here to help guide you through the process... Email Scott (scott.sneath@cavendishproperty.co.uk) to discuss your requirements in more detail ✅
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