Hi all — looking for some advice on a Section 21 situation.
Our landlord has informed us they intend to sell the property and will be issuing a Section 21 notice shortly via OpenRent. We’re currently on a periodic tenancy (initial 6-month term ended Dec 2025).
A couple of questions:
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With the Renters’ Rights Act changes coming into effect on 1 May 2026, is there anything specific we should be aware of in terms of timing/validity if the notice is served just before that date?
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If there are any errors in how the notice is served (documents, deposit protection, etc.), does that invalidate it completely, or can it be corrected?
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We’re happy to cooperate with viewings, but what’s considered “reasonable” in terms of frequency and notice?
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Finally, does the fact we have children sitting exams over the next couple of months carry any weight in terms of timelines or flexibility?
Just trying to understand our position and make sure we handle things properly.
Thanks in advance for any guidance.
@Quentin
See the Shelter page section 21
Best
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Have you had a face to face with your landlord about the fact that having to move house while kids do exams adds some serious extra stress to them? Even if they issue S21 today, it won’t expire until 10th June and you are not obligated to be out by then either and it would cost them to go to court for a possession order at that point. That date must be pretty close to the final exam so I’d be negotiating to start looking for places from that date.
If they’re really selling the property and you’re really willing to leave then there’s no reason why they can just give you S8 under Ground 1a after 1 May and you’d still have 2 months notice. That’s what I’d be asking them to do if I were in your shoes. I wouldn’t be willing to compromise my kids’ education for the sake of a month of convenience for the LL.
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If the notice is served before 1 May it will be valid provided the other compliance measures have been observed.
If it were my property, I would be very flexible with your end date and try my best to accommodate your children’s exams. However, I would expect quid pro quo so that you didn’t attempt to frustrate my legitimate desire to sell up and exit the market based on technicalities.
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@tatemono the s8 ground 1a under the new legislation is 4 months notice not 2 months - see extract below. There is absolutely no reason the LL will agree to that instead of 2 months for a valid s21 served before 1 may.
@Quentin you can’t rely on LL making mistakes with the s21.
@tatemono is right that you can try negotiating with the LL. The main leverage you have is that the LL won’t want the stress and cost and delay of going to court if you don’t move out after the 2 months in the s21.
You could for example offer to sign a deed of surrender for 3 months time to allow certainty to the LL and time for your children to complete their exams before you move, as well as allowing reasonable access for viewings- perhaps suggest these be block booked for Saturdays (which will suit buyers too)
Good luck
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Ground 1A - sale of dwelling house
You will be able to use this ground if you intend to sell your property. You will not be able to ask your tenant to leave for this reason within the first 12 months of a new tenancy.
You cannot use this ground if your tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy. These non-shorthold tenancies are sometimes known as assured ’lifetime tenancies’.
Most social landlords cannot use this ground.
Ground 1A notice period
You will need to give 4 months’ notice before you will be able to apply to the court for a possession order to evict your tenant.
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ah yup… forgot that the notice period differs for that ground. You’re absolutely right.
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