Landlords relying on Section 21 notices served before the abolition of “no-fault” evictions face a final deadline this Friday to begin possession proceedings.
A valid notice served before 1 May 2026 can generally only be used if the court claim is started by 31 July or the notice’s earlier expiry deadline.
Government guidance confirms that asking a solicitor to act, preparing paperwork or telling a tenant that proceedings are imminent does not meet the requirement. The landlord must have asked the court to issue a possession claim.
If the applicable deadline passes without proceedings being started, the notice becomes invalid and cannot subsequently be used to recover possession.
CLAIM MUST BE ISSUED
Section 21 was abolished for new and existing private tenancies in England on 1 May under the Renters’ Rights Act 2025.
Notices served before that date were preserved temporarily to allow landlords to complete possession action under the previous system.
The transitional period ends on Friday 31 July, although some notices will have already expired under the applicable time limit. There are limited exceptions, including circumstances involving a tenant’s debt “breathing space”.
A Section 21 notice is not itself a possession order and does not require the tenant to leave immediately. Only a court can grant possession, with bailiffs required if a tenant does not leave after the court process has concluded.
Guidance for landlords and tenants is available from the Ministry of Housing, Communities and Local Government.
SECTION 8 ALTERNATIVE
Landlords missing the deadline will need to begin again under the reformed Section 8 process and establish an applicable ground for possession.
Available grounds include rent arrears, anti-social behaviour, a genuine intention to sell and occupation by the landlord or certain family members. Each carries its own notice period, conditions and evidential requirements.
Barrister Connect, a direct-access service connecting members of the public with barristers, is urging tenants who received a Section 21 notice to establish whether a possession claim has actually been issued rather than relying on informal correspondence.
The deadline also makes accurate communication important for letting agents and property managers. They should avoid presenting a notice as an eviction order and ensure landlords relying on transitional notices obtain legal advice urgently.
