Hi there, I have an enquiry about an existing Assured Tenancy (not AST). Can you please advise as to whether the renters rights bill would entitle us to serve a section 8 notice when the time comes after May 2026. Up to this point we have not been entitled to serve a section 21 and I’m wondering whether the changes to the law will change this as well or whether Assured tenancies are exempt?
Many thanks
Hi @s.reckert83,
We have a blog post covering how to serve Section 8 notices and the changes coming as part of the Renters’ Rights Act:
The Shelter page ‘Section 8 notices’ indicates
“A landlord can serve a notice using section 8 of the Housing Act 1988 to end an assured or assured shorthold tenancy on a ground for possession.”
so I think you may already be able to use section 8.
Serving s21 to ASTs wont exist anymore and as RRA is about giving tenants greater protections,I doubt if it would now mean s21 could be used for current assured tenancies, because all the current ASTs will become assured tenancies, and we’ve been told s21s wont be allowed for those.
hopefully @David122 can confirm as he know all the legal detail better than myself
Good luck
Thank you for your comment, I see what you’re saying, just seems strange that an assured tenancy will go from having lots of extra protection, to being in the same boat as everyone else. Perhaps I’m overthinking it.
Actually what’s happening is that everyone else is going to be in the same boat as people with an assured tenancy.
Your assured tenancy will simply convert to an assured periodic tenancy under the new rules on 1 May. You can serve a s8 before then under existing grounds or afterwards under the new grounds, but you can’t ever serve a s21 notice.
One other thing to be aware of is that the Tenant Fees Act doesnt currently apply to your tenancy, but after 1 May, it will.
Thank you David. Most helpful, that answers my question