The final deadline for landlords relying on a Section 21 notice served before 1 May 2026 is fast approaching.
If your tenant has not left the property and you still intend to seek possession using that notice, you must ensure that possession proceedings have been issued through the court by 31 July 2026 (or an earlier applicable deadline where required). Missing this deadline means you will no longer be able to rely on that Section 21 notice and, in most cases, will need to begin the possession process again using the new Section 8 grounds introduced by the Renters’ Rights Act.
What should landlords do now?
If you have a Section 21 notice that was served before 1 May 2026:
- Check that the notice was validly served.
- Confirm whether your tenant has vacated the property.
- If they remain in occupation, speak to your solicitor or possession specialist immediately.
- Do not leave issuing court proceedings until the last few days, as delays or errors could prevent your claim being accepted in time.
What happens if the deadline is missed?
Once the deadline has passed, the Section 21 notice can no longer be relied upon for possession proceedings. Landlords wishing to recover possession will instead need to consider whether one of the statutory Section 8 grounds applies under the new tenancy system. This may involve different evidence requirements, notice periods and court procedures.
Next Steps
The new possession regime is significantly different from the previous Section 21 process, so obtaining the right advice at an early stage can save considerable time and cost.
If you are unsure whether your notice remains valid, need help issuing proceedings before the deadline, or would like advice on the most appropriate possession route under the Renters’ Rights Act, EMPO’s trusted possession specialist partners are available to assist.
Please see the links below to contact our specialist partners for advice and support:
https://empo.co.uk/suppliers/smith-partnership/
https://empo.co.uk/suppliers/wilkin-chapman-rollits/
https://empo.co.uk/suppliers/sills-betteridge/
https://empo.co.uk/suppliers/strikes-property-services/