Editor's note: This brief was summarised by The Property AI Newsroom from a report by Property Industry Eye. Read the original article for full details.

Final Deadline for Section 21 Possession Claims Falls on Friday

Landlords who served Section 21 notices before the abolition of “no-fault” evictions must begin court proceedings by this Friday. If they do not, the notice becomes invalid and cannot be used to recover possession.

Section 21 was abolished for new and existing private tenancies in England on 1 May 2026 under the Renters’ Rights Act 2025. Notices served before that date were temporarily preserved, but this transitional period ends on Friday, 31 July. Some notices may have already expired if their own time limits have passed.

According to government guidance, landlords must have asked the court to issue a possession claim by the deadline. Actions such as instructing a solicitor, preparing paperwork, or notifying tenants that proceedings are imminent do not meet the requirement. If the deadline passes without court proceedings being started, the Section 21 notice cannot be used.

There are limited exceptions, including cases involving a tenant’s debt “breathing space”. A Section 21 notice is not a possession order and does not require the tenant to leave immediately. Only a court can grant possession, and bailiffs are required if the tenant does not leave after the court process.

Letting agents and property managers are advised to communicate accurately with landlords and tenants, ensuring that Section 21 notices are not presented as eviction orders. Landlords who miss the deadline will need to use the reformed Section 8 process, which requires establishing a ground for possession such as rent arrears, anti-social behaviour, intention to sell, or occupation by the landlord or certain family members. Each ground has its own notice period, conditions, and evidential requirements.

Guidance for letting agents, landlords, and tenants is available from the Ministry of Housing, Communities and Local Government. Barrister Connect is urging tenants who received a Section 21 notice to check whether a possession claim has actually been issued, rather than relying on informal communication.