I’m currently trying to sell my flat and don’t want to be locked into a 4 month notice period from May 1st.
The tenants want to stay in the flat as long as possible.
Current plan: Give notice 27th Feb to have the flat empty 27th April pre Act.
Does anyone know if there is a grace period about notice served to tenants re the start of the Act or if it immediately triggers a 4 month notice period even if there is standing notice of 2 months?
I’d prefer to offer my tenants some flexibility as they search for somewhere new - and I find a buyer -but a 4 months lock could put potential sales at risk. I could probably ask them to give notice May 1st (only 2 months) but that seems… illegal? Pressurising? Even if they would be happy to do it.
Does that make any sense? I’m asking how much of a hard line the new 4 month notice will be from May 1st.
Presumably it is a whole new world for everyone?
Apologies if this has been well covered elsewhere.
**I’m selling because mortgage interest rates 66%+, the service charge is 25%+ and I can’t administrate more than 2 tenants a year from miles away. The new Act would allow many, many more. It may also fall foul of my building’s leasehold rules re shorter term lets. I think the government really may have caused some issues here with rental stock. I’m a mini landlord (one property).
Would appreciate any thoughts. I’ve always found this forum unbelievably hellpful
Any valid s21 served before 1 May 2026 will still be valid after.
Google ’ Giving notice of possession to tenants before 1 May 2026’
Property sales can take 10-12 weeks from offer to exchange or more due to chains etc. Just agree a surrender of tenancy with tenants and a date 3months from now. If you havent sold at the time and its empty you can always agree with them some sort of short term deal
You serving a s21 only means its empty 2 months later if tenants co operate with that. Can take 6m-1y more if you have to get possession through the courts
It’s worth noting that the new guidance posted by the government states that even if served prior to May, a Section 21 can only be used in court to claim possession until August so you would need to start any potential court process prior to then otherwise you’d have to start again down the Section 8 route.
The timetable may be even tighter than that. I did read when the Act was published that the 3 month deadline is for the the courts to acknowledge receipt of the possession application and that some courts have such a backlog of cases that it puts this limit in question for some landlords. I’m not sure if this has been subsequently addressed.
no. your agreement will turn into a rolling/periodic tenancy on 1 may. if tenant wants to leave they then give 2months notice [unless otherwise already agreed as shorter notice]. So if they give notice on 1 may it would run to end June.
Alternatively you can serve a valid s21 before 1 may and then it takes the time it takes for the s21 process [this doesnt and never did guarantee possession 2 months later, depends whether you then have to seek possession through the courts)
Google ‘24 guides to RRA’ for more about the RRA and transition arrangements
Thanks David. Assuming all goes to plan (!), I intend to serve notice in early April with a view to taking possession by 29 June. The tenant has known from the start when I would require possession but I realise that ‘complications’ often arise.
If the tenant has a fixed term until 29 June, the earliest your s21 notice can expire is 30 June. The notice has to be at least 2 months, plus a few days if posting. See “ nearly legal s21 flowchart” for more detail.
If the tenant doesnt leave, you have just 3 months from 1 May to begjn possession proceedings. Expect long delays.
