You still have a Section 21 notice in a drawer, or court papers have arrived after you thought no-fault eviction had ended. What matters now is whether your landlord applied to court in time. An old notice alone cannot start a new case, but an application made before the deadline can still lead to eviction.
New Section 21 notices ended on 1 May 2026 for private assured tenancies in England. Court cases based on older notices can still be continuing. This article covers those private tenancies. Social housing and Welsh occupation contracts have different rules.
Can a Section 21 notice served before 1 May 2026 still be used?
Section 2 of the Renters' Rights Act 2025 abolished Section 21 for these tenancies from 1 May 2026. The last day a landlord could validly serve one was 30 April 2026. The service date matters, not the date typed on the notice.
A landlord relying on an older notice had to apply to court before its time limit expired and no later than 31 July 2026. That final deadline has passed. If your landlord did not apply in time, they cannot now start a Section 21 claim using that notice. The government's guidance on pre-May notices confirms the deadline.
A court application made in time can still proceed. You might receive court papers after July even though your landlord applied before the deadline. Do not ignore them or assume the claim has ended because Section 21 was abolished. Check when the application reached the court and follow the response instructions in the papers.
What replaces Section 21 for private tenants?
For a new possession claim, your landlord needs a legal ground under Section 8 and Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act. The government's tenant guide to possession grounds explains the grounds and notice periods.
Some grounds concern your conduct. Others concern the landlord's plans for the property.
Fault-based grounds. Things you've allegedly done wrong:
- Rent arrears. For monthly rent, the mandatory Ground 8 threshold is 3 months' rent, owed both when notice is served and at the hearing, with 4 weeks' notice. Weekly or fortnightly rent has a 13-week threshold.
- Antisocial behaviour.
- Damage to the property.
- Breaching the tenancy agreement.
For Ground 8, rent unpaid only because you have not yet received a Universal Credit payment that includes housing costs must be left out of the calculation. Grounds 10 and 11 can still support a claim for lower arrears or persistent late payment. Those are discretionary grounds, so the judge must decide whether possession is reasonable. Owing less than 3 months' rent does not rule out eviction.
No-fault grounds. Things that have nothing to do with you:
- The landlord wants to sell (Ground 1A).
- The landlord, or a close family member, wants to move in (Ground 1).
Both require at least 4 months' notice. A notice can be served during the first year, but it cannot expire before the tenancy's 12-month protected period has ended. Ground 1A is unavailable for an assured tenancy that was already non-shorthold before 1 May 2026.
Landlords using Grounds 1 or 1A face restrictions on re-letting and marketing the home, including short holiday lets. The restriction normally starts when notice is served. It ends 12 months after the date the notice gives as the earliest day court proceedings can begin. Section 17 of the Renters' Rights Act sets out that period, and exceptions apply.
Breaching the restriction can lead to prosecution or a civil penalty of up to £40,000, according to the government's enforcement guidance. That maximum can apply to a first offence.
What to do if you've received a Section 21 notice
First establish whether your landlord applied to court in time. If no application was made, the old notice cannot now start a Section 21 case. If a case is continuing, these checks may help you challenge it.
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Check service and timing. The notice had to be validly served before 1 May 2026. Keep the notice, envelope and any emails. Service rules depend on the delivery method and tenancy terms, so the date at the top is not enough. Check the court application date as well as the notice date.
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Check the requirements that applied to your tenancy. These can include Form 6A or an equivalent notice, sufficient notice, deposit protection and the required deposit information, licensing and repayment of prohibited fees. Gas-safety, EPC and How to Rent requirements also need checking where applicable. The government's tenant checklist explains the checks. Investigate a missing document before assuming the case has ended.
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Respond to court papers promptly. For an accelerated possession claim, the defence is due within 14 days of service of the claim form, under Civil Procedure Rule 55.14. The judge may decide the case without a hearing. Follow the court's instructions and set out any problems with the notice or application in your response.
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Plan for the possible outcome. A notice alone does not require you to leave. A possession order sets a date to leave, and the landlord can seek enforcement by bailiffs if you stay beyond it. You may be ordered to pay court and enforcement costs. HMCTS's civil court fees list gives the current amounts. If you risk homelessness, contact your council's housing options team promptly to ask for an assessment and help.
Where can I get a Section 21 notice checked?
Keep the notice, your tenancy agreement and any court papers together, along with evidence of how the notice was sent. If a hearing or response deadline is approaching, get advice promptly. Do not wait for the landlord to explain their claim.
Remedy can review your notice and court papers, flag the requirements your landlord may have missed and help you understand your options.
