If you served a Section 21 notice weeks or months ago and your tenant is still in the property, there is one date you must not miss: file your court possession claim by 31 July 2026 — or your right to use that notice is gone.
Section 21 no-fault eviction is abolished from 1 May 2026 under the Renters' Rights Act 2025. But Parliament included transitional rules (Schedule 6) specifically for landlords who have already served valid notices before that date. This article explains exactly which notices survive, what you need to do, and what happens if you miss the July deadline.
The Short Answer
Your Section 21 notice survives abolition if:
- It was served before 1 May 2026
- It was valid when served (see below — the EPC and deposit rules matter here)
- You file a court possession claim by 31 July 2026
If you miss 31 July, the notice cannot be enforced. You'd then need Section 8 — which means a 4-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 creates a three-month window after commencement (1 May 2026) during which Section 21 notices served before that date can still be used. The logic is fairness: landlords who lawfully served a notice under the old law shouldn't lose it overnight.
The conditions are strict:
- Notice must have been served before 1 May 2026
- A court possession claim (Form N5B) must be filed by 31 July 2026
- The notice must have been valid at the time of service
Once a claim is filed by 31 July, the court can hear and decide it after that date. The deadline is about filing, not about obtaining a possession order.
Four Scenarios: Which Applies to You?
Scenario A: Notice served — tenant has already left ✅
Your notice did its job. The tenancy has ended. No further action needed.
Scenario B: Notice served — still within the notice period
The notice is still running and the tenant hasn't yet had to leave. Once the notice period expires, file Form N5B without delay. You must file by 31 July 2026.
Action: Mark the notice expiry in your diary. File on expiry — or earlier if the tenant has already indicated they won't leave.
Scenario C: Notice expired — tenant still in the property ⚠️ Urgent
This is the most common and most urgent situation. The notice has expired, the tenant is still there, and no court claim has been filed. You're in the transitional window now.
Action: File Form N5B immediately. Do not wait. Every day you delay narrows your window — and if you miss 31 July 2026, this notice cannot be used.
Scenario D: Court proceedings already issued ✅
If you've already filed Form N5B before today, the transitional rules allow proceedings to continue through to judgment. The 31 July deadline does not affect cases already in the court system.
Was Your Notice Valid When Served?
The transitional rules only preserve valid Section 21 notices. 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 didn't provide an EPC at tenancy start, your S21 notice is invalid. The transitional provisions do not apply. Your route to possession is now 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.
How to File Form N5B (Accelerated Possession)
Form N5B is the accelerated possession claim form for Section 21 notices. It avoids a full hearing in most cases, making it significantly faster than Section 8.
Filing options:
- Online: HMCTS Possession Claims Online (PCOL) portal at possessionclaim.gov.uk
- Paper: Post to your local County Court
What you'll need:
- The original Section 21 notice with date of service
- Evidence of service (certificate of service, tracked postage, email/text confirmation from tenant)
- Copy of the tenancy agreement
- Evidence that EPC, gas safety certificate, and How to Rent guide were all provided at tenancy start
- Evidence of deposit protection (if applicable)
- Court fee: £391 (for properties with annual rent up to £100,000)
Typical timeline after filing: If the tenant does not contest, a possession order is usually issued within 6–10 weeks. If the tenant contests or raises a defence (e.g. claiming the notice is invalid, or making a counter-claim for disrepair), it converts to a full hearing — adding several months.
What Happens If You Miss 31 July 2026
Once the transitional window closes, your Section 21 notice cannot be used. There is no extension and no discretion.
Your remaining options:
| Route | Notice required | Timeframe |
|---|---|---|
| Ground 1A (selling) | 4 months | 5–6 months minimum to possession |
| Ground 8 (2+ months rent arrears) | 4 weeks | 2–4 months if uncontested |
| Ground 14 (antisocial behaviour) | 2 weeks | 2–4 months |
| Mutual agreement / surrender | Negotiated | Potentially immediate |
The fastest non-S21 route for EPC non-compliant landlords who want to sell is Ground 1A — but the 4-month notice period and 12-month re-letting ban (if you don't sell) 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 whether the certificate is currently in date), it's worth checking your property's EPC position now.
Why it matters:
- If your current EPC expires before you achieve vacant possession and need to re-let, you'll need a new assessment
- If you're planning to sell after possession, the buyer's mortgage lender will require a valid EPC
- Under the Renters' Rights Act from 2028, new tenancies will require an EPC C minimum — relevant if your possession attempt fails and you need to re-let
Frequently Asked Questions
My S21 notice expires on 15 May 2026 — after abolition. Can I still use it?
Yes. The transitional rules apply to the date the notice was served, not when it expires. As long as you served the notice before 1 May 2026 and file your court claim by 31 July 2026, you can proceed normally.
The tenant has challenged my S21 notice. Does the transitional window still apply?
If the challenge is to the validity of the notice itself (e.g. claiming no EPC was provided, or disputing the form), the court will rule on validity as part of the possession hearing. The transitional rules don't shield a defective notice — but they do preserve a valid one even if the tenant disputes it.
I served a new tenancy agreement after the S21 notice. Does that cancel it?
Generally yes — a new fixed-term tenancy agreement signed after the S21 notice was served supersedes it. The transitional rules apply to the notice relevant to the current tenancy. If you've entered into a new tenancy, take legal advice on whether the earlier notice survives.
Can I serve a fresh S21 notice in April 2026 just to keep my options open?
Yes. If you have a tenancy where you might want possession in the next few months, serving a valid Section 21 notice now preserves that option (subject to the 31 July 2026 filing deadline). See our last-chance S21 guide for full details on serving in April.
What replaces Form N5B after the transitional window closes?
Form N5B (accelerated S21 possession) will no longer be available after 31 July 2026. Section 8 possession claims use Form N8. The Section 8 process is slower: it requires full particulars of the ground(s) being relied on, a full court hearing (no accelerated 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