Section 21 was abolished in England by the Renters' Rights Act 2025 on 1 May 2026. However, Schedule 6 of the Act preserves a transitional window: landlords who served a valid Section 21 notice before 1 May 2026 may still use that notice to pursue possession — but only if they file court proceedings within the transitional window.
The transitional window closes on 31 July 2026 (or 6 months from the date the notice was served, whichever is earlier). If you have not filed a possession claim by that date, the notice expires and cannot be revived. You would have to start again under Section 8, citing a statutory ground — a process that takes months longer.
The 31 July 2026 deadline explained
Under Schedule 6 of the Renters' Rights Act 2025, a pre-commencement Section 21 notice remains valid for the purpose of possession proceedings only if two conditions are met:
- The notice was validly served before 1 May 2026 (the commencement date)
- Court possession proceedings are filed by 31 July 2026 — or within 6 months of the service date, whichever is earlier
What '6 months from service' means
The earlier of the two deadlines applies. If you served a Section 21 notice on 1 February 2026, the 6-month window closes on 1 August 2026 — but the absolute statutory deadline is 31 July 2026, so the 31 July deadline applies first.
- Notice served February 2026 → deadline 31 July 2026
- Notice served March 2026 → deadline 31 July 2026
- Notice served April 2026 → deadline 31 July 2026 (unless notice period has not yet expired — cannot file until notice expires)
What 'filing court proceedings' means
Filing court proceedings means submitting a claim for possession to the county court — not merely sending a letter to the tenant. You need to:
- Complete the N5 possession claim form and N119 particulars of claim
- Pay the court fee (currently £391 for a standard possession claim)
- Submit to the appropriate County Court hearing centre
- The court listing (hearing date) does not need to fall before 31 July — only the filing of the claim must
If the notice period has not yet expired
If you served a Section 21 notice in late April 2026 with a 2-month notice period, the notice period may not expire until late June 2026. Courts will not accept a possession claim filed before the notice period has expired.
In this case, watch the calendar carefully: file as soon as the notice period expires — you have until 31 July 2026 but no longer. Do not wait for the tenant to leave voluntarily.
If you miss the 31 July 2026 deadline
The Section 21 notice becomes permanently unenforceable. The tenancy automatically continues as a Periodic Assured Tenancy under the Renters' Rights Act 2025. Section 21 cannot be re-served — the power no longer exists.
To recover possession after missing the deadline, you must serve a Section 8 notice on a statutory ground — such as Ground 8 for rent arrears, Ground 1A for landlord sale, or Ground 1 for the landlord or family needing the property.
Checking whether your Section 21 notice was valid at service
A Section 21 notice is only valid if it was correctly served and legally compliant at the time of service. Common reasons pre-commencement Section 21 notices were invalid:
- The notice was not served on the correct prescribed form (Form 6A, updated 2016)
- The landlord had not provided the tenant with a current Gas Safety Certificate, EPC, or How-to-Rent guide
- The notice was served within the first four months of the original tenancy
- The deposit was not protected, or the Prescribed Information was not served within 30 days
- The notice period was incorrect for the tenancy type
- The property was subject to licensing and the landlord did not hold the required licence
Frequently asked questions
What is the deadline for using a Section 21 notice served before 1 May 2026?+
31 July 2026, or 6 months from the date the notice was served — whichever is earlier. If you served a Section 21 notice before commencement and your tenant has not left, you must file court possession proceedings before the earlier of these two dates.
Can I re-serve a Section 21 notice after 1 May 2026?+
No. Section 21 was abolished in England by the Renters' Rights Act 2025 on 1 May 2026. It is not possible to serve a new Section 21 notice after that date. Serving one is a civil offence with a penalty of up to £7,000.
What do I do if my Section 21 notice lapses before I can file?+
If the transitional window closes without you filing, you must start the possession process again under Section 8. You will need to serve a Section 8 notice citing a valid statutory ground. The LetSafe Section 8 Notice Pack covers every current ground.
Does filing court proceedings guarantee I get possession?+
No. Filing preserves the right to use the notice — but the court must still process the claim and list a hearing. At the hearing, the judge will consider whether the Section 21 notice was validly served. Any technical defect in the notice can still result in the claim being dismissed.
If the tenant leaves before I file, do I still need to file?+
No. If the tenant has vacated and returned the keys, possession has been recovered and you do not need to file a court claim. The transitional deadline only matters if the tenant remains in the property after the Section 21 notice period has expired.