The UK government has made a crucial correction to its guidance for English landlords, rescinding advice that sparked confusion among property owners ahead of the new tenancy laws coming into force on 1 May 2026. The amendment, implemented by the Ministry of Housing, Communities and Local Government on 15 June, removes an error in previous guidance that suggested selling a property could be used as grounds for possession under Section 8.
Historically, landlords relied on Section 21 notices to regain possession when selling a property. However, there was no general Section 8 ground allowing private landlords to seek possession solely for sale. The Renters' Rights Act reforms introduced a new mandatory selling ground permitting landlords to regain possession to sell, but only from 1 May 2026 onwards and not retrospectively.
The updated guidance now accurately lists the grounds that could have been used in pre-May Section 8 notices, including rent arrears, property damage, antisocial behaviour, or where a landlord needed to reoccupy. This clarification is essential as landlords face impending deadlines to initiate court proceedings based on old system notices, which would otherwise expire and require restarting the process using new grounds.
This correction takes place amidst a complex transitional period with two distinct possession systems operating in tandem. Pre-May Section 8 notices are governed by previous legislation, while those served from 1 May must comply with the new Section 8 regime. Landlords who issued pre-May Section 8 notices typically have until 31 July 2026 to commence proceedings or within 12 months of serving it, whichever comes first.
In a separate amendment on 11 June, the government clarified that tenants remain liable for rent throughout their notice period, even if they vacate earlier. While landlords and tenants can agree to end this liability earlier in writing, arrangements should be clearly documented to prevent disputes over rent payments during the notice period.