This deadline has passed. The transitional window for Section 21 closed on 31 July 2026. If you did not file a court possession claim by that date, the notice can no longer be used and your route is Section 8. This article is kept for landlords with claims already in the court system and for anyone working out where they now stand.
Section 21 no-fault eviction was abolished on 1 May 2026 under the Renters' Rights Act 2025. Parliament included transitional rules (Schedule 6) for landlords who had already served valid notices before that date. This article explains which notices survived, what the court process looks like for claims already filed, and what your options are if you missed the July deadline.
The Short Answer
Your Section 21 notice survived abolition only if all three were true:
- It was served before 1 May 2026
- It was valid when served (see below, the EPC and deposit rules matter here)
- You filed a court possession claim by 31 July 2026
If any of those failed, the notice cannot be enforced. Section 8 is the route, which means a four-month notice period for Ground 1A (selling) and a very different court process.
How the Transitional Rules Work (Schedule 6, RRA 2025)
Schedule 6 of the Renters' Rights Act 2025 created a three-month window after commencement (1 May 2026) during which Section 21 notices served before that date could still be used. The logic was fairness: landlords who lawfully served a notice under the old law should not lose it overnight.
The conditions were strict:
- The notice had to have been served before 1 May 2026
- A court possession claim (Form N5B) had to be filed by 31 July 2026
- The notice had to have been valid at the time of service
Where a claim was filed in time, the court can still hear and decide it now. The deadline was about filing, not about obtaining a possession order.
Three Scenarios: Which Applies to You?
Scenario A: Notice served, tenant has already left ✅
Your notice did its job. The tenancy ended. No further action needed.
Scenario B: Court proceedings issued before 31 July 2026 ✅
The transitional rules allow those proceedings to continue through to judgment. Nothing about the closed window affects a case already in the court system. Keep your evidence of service and your compliance documents to hand, because the tenant can still challenge validity at the hearing.
Scenario C: Notice served, no claim filed by 31 July 2026 ⚠️
That notice is spent. It cannot be revived and there is no extension or discretion. Your only route to possession is a Section 8 notice on a valid ground, starting from scratch. See the options table below.
Was Your Notice Valid When Served?
The transitional rules only preserved valid Section 21 notices, so if you have a claim in the court system this still matters. A defective notice cannot be rescued. The most common invalidity problems:
1. No EPC provided at tenancy start ⚠️
Under the Deregulation Act 2015, a Section 21 notice is invalid if the tenant was not given a copy of the property's Energy Performance Certificate at the start of the tenancy. This is a hard rule, there is no remedy short of getting the tenant to sign a document acknowledging they have received it (and courts will scrutinise this).
If you did not provide an EPC at tenancy start, your S21 notice was invalid and the transitional provisions never applied to it. Your route to possession is Section 8 only.
2. No gas safety certificate
Failure to provide a valid gas safety record at tenancy start (or within 28 days of its annual renewal date) also invalidates the S21 notice.
3. No How to Rent guide provided
The tenant must have received the correct version of the government's How to Rent guide at the start of the tenancy. If a newer version was published during the tenancy, some courts have held it must be re-served, although this is contested.
4. Incorrect form or missing information
The prescribed Form 6A must be used, with the correct property address, dates, and landlord details. Handwritten or non-prescribed notices are invalid.
5. Deposit not protected
If the tenant paid a deposit and it was not protected in a government-approved scheme, no Section 21 notice can be served, and the defect cannot be cured after the fact.
⚠️ If you're unsure whether your notice is valid, take legal advice before relying on the transitional provisions. An invalid notice that appears to succeed can be challenged later, including after a possession order is granted.
If Your N5B Claim Is Already in the System
Form N5B is the accelerated possession claim form for Section 21 notices. It avoids a full hearing in most cases, which made it significantly faster than Section 8.
What the court will expect to see:
- The original Section 21 notice with date of service
- Evidence of service (certificate of service, tracked postage, email or text confirmation from the tenant)
- Copy of the tenancy agreement
- Evidence that the EPC, gas safety certificate, and How to Rent guide were all provided at tenancy start
- Evidence of deposit protection (if applicable)
Court fees change periodically, so check the current figure on gov.uk rather than budgeting from an old one.
Timeline once filed: if the tenant does not contest, a possession order typically follows within a couple of months. If the tenant contests or raises a defence, for example disputing validity or counter-claiming for disrepair, it converts to a full hearing and adds several months.
What Now, If You Missed 31 July 2026
The notice cannot be used. There is no extension and no discretion.
Your remaining options:
| Route | Notice required |
|---|---|
| Ground 1A (genuine intention to sell) | 4 months |
| Ground 1 (you or a family member moving in) | 4 months |
| Ground 8 (3+ months' rent arrears at notice and hearing) | 4 weeks |
| Ground 10 (some rent arrears) | 4 weeks |
| Ground 14 (anti-social behaviour, discretionary) | 4 weeks |
| Mutual agreement / surrender | Negotiated |
Grounds 1, 1A and 1B cannot be used in the first 12 months of a tenancy. Add court listing time to every notice period above: the notice period is the minimum wait before you can apply to court, not the date the tenant leaves.
If your intention is genuinely to sell, Ground 1A is the route, but the four-month notice period and the 12-month restriction on re-letting are significant constraints. See our full Ground 1A guide for the complete process.
The EPC Question: Does Your Property Need a Valid EPC Right Now?
Even though Section 21 validity turns on whether an EPC was provided at tenancy start, not on whether the certificate is currently in date, it is worth checking your property's EPC position.
Why it matters:
- If your current EPC expires before you regain possession and re-let, you will need a new assessment
- If you are planning to sell after possession, the buyer's mortgage lender will require a valid EPC
- The minimum band to let is E, and has been since 1 April 2020. Government has proposed raising that to band C from 1 October 2030, but that still needs an Act of Parliament and a statutory instrument, so it is policy rather than law
Frequently Asked Questions
My S21 notice expired after 1 May 2026. Could I still have used it?
Yes, provided you filed in time. The transitional rules turned on the date the notice was served, not when it expired. Serving before 1 May 2026 and filing the court claim by 31 July 2026 was the test.
The tenant has challenged my S21 notice. Does the transitional window still apply?
If your claim was filed in time and the challenge is to the validity of the notice itself, for example claiming no EPC was provided or disputing the form, the court rules on validity as part of the possession hearing. The transitional rules never shielded a defective notice, but they do preserve a valid one even where the tenant disputes it.
I signed a new tenancy agreement after serving the S21 notice. Did that cancel it?
Generally yes. A new tenancy agreement signed after the notice was served supersedes it. Take legal advice on your specific facts if this applies to you.
Can I serve a fresh Section 21 notice now?
No. Section 21 was abolished on 1 May 2026 and no new notice can be served on any tenancy in England. Possession requires a Section 8 ground.
What replaced Form N5B?
Accelerated possession under Form N5B is no longer available. Section 8 possession claims use Form N5 with particulars of claim. The Section 8 process is slower: it requires full particulars of the ground or grounds relied on, a court hearing rather than a paper route, and the court has more discretion to adjourn if tenants raise defences.
Related guides: Section 8 Ground 1A: Selling Your Property After S21 is Abolished | Section 21 Last Chance: Serving Before 1 May 2026 | Sell or Upgrade: The EPC Decision Guide