28 days. That's all that's left before Section 21 — no-fault eviction — is abolished forever when the Renters' Rights Act comes into force on 1 May 2026.
If you own a rental property with an EPC rating of D, E, F, or G, and you've been considering using Section 21 to regain possession — whether to sell, carry out improvement works, or simply exit the tenancy — your window is closing fast.
The good news: yes, you can still serve a valid Section 21 notice before the deadline. The less good news: there are important rules, traps, and timelines to understand before you do.
Yes, You Can Still Serve — But the Clock Is Running
As of today (3 April 2026), landlords can still serve a valid Section 21 notice. The absolute last day to serve one is 30 April 2026 — the day before abolition.
You must use Form 6A (the prescribed Section 21 notice form) and give your tenant a minimum of two months' notice.
If you serve today, your notice expires around 3 June 2026 — which takes you past the 1 May abolition date. That's fine. The Renters' Rights Act includes transitional rules specifically for this scenario.
Tozers Solicitors confirmed in their March 2026 transitional provisions guide: "It is a question we are being asked a lot at present — yes, landlords can still serve Section 21 notices before 1 May."
What Happens to Section 21 Notices After 1 May? The 3-Month Window
Under paragraph 4, Schedule 6 of the Renters' Rights Act 2025, Section 21 notices served before 1 May 2026 remain valid after abolition, with one critical condition:
You must file possession proceedings in court before 31 July 2026 (three months after commencement). If you miss this deadline, the notice lapses and the tenancy automatically becomes an assured periodic tenancy — you'll have lost your chance to use it.
| Action | Deadline |
|---|---|
| Serve new Section 21 notice (Form 6A) | By 30 April 2026 |
| Provide minimum 2 months' notice | Notice valid on or after 30 June 2026 |
| File possession claim with court | By 31 July 2026 |
| Notice lapses (no court claim filed) | After 31 July 2026 |
This gives landlords a realistic window — but note that court processing times can extend possession by several additional months after the claim is filed.
The EPC Trap: Did You Actually Give Your Tenant Their EPC?
Before you serve anything, answer this question: did you provide your tenant with a copy of the property's EPC when they moved in?
This is the most common reason Section 21 notices are found to be invalid. Under the Energy Performance of Buildings Regulations 2012, landlords must provide an EPC to tenants before or at the start of a new tenancy (post-2015). A failure to do so invalidates the Section 21 notice.
Note the distinction carefully:
- It's the provision of the EPC (was it given to the tenant?) that matters for S21 validity — not the rating of the EPC.
- An EPC showing a D, E, or even F/G rating doesn't automatically invalidate your S21.
- But if you never gave the tenant their EPC, you cannot serve a valid S21 without first providing it — and providing it belatedly may not 'cure' the defect in all cases.
⚠️ Before you serve, confirm all three pre-conditions are in order:
- EPC was provided to the tenant (with evidence)
- The current edition of the How to Rent guide was provided at the start of the tenancy
- A valid Gas Safety Certificate was provided (if gas is present)
Missing any one of these will invalidate the notice. If you're unsure, take legal advice before serving.
F and G Properties: What the MEES Breach Means for Your S21 Strategy
If your property is currently rated F or G, you are already in breach of the Minimum Energy Efficiency Standards (MEES). Letting an F or G property without a valid exemption registered on the PRS Exemptions Register is unlawful.
However, the MEES breach and the S21 notice validity are separate legal issues. Being in MEES breach doesn't, by itself, invalidate a Section 21 notice.
That said, your position is legally complex:
- You may face enforcement action from your local authority (fines up to £30,000 under the 2030 regime)
- Serving S21 while in MEES breach could be used as evidence of a retaliatory action by the tenant's legal representative
- Any court claim may be scrutinised more closely
Strong recommendation: if your property is F or G rated and you're considering serving S21, seek legal advice before doing so. The risks here extend beyond the notice itself.
For D and E rated properties, the situation is cleaner: you are not in MEES breach, the tenancy is lawful, and a valid S21 (with EPC provided) remains your legal right until 30 April.
Serve S21 Now or Plan for Ground 1A? The Decision
For landlords who want to regain possession — whether to sell, upgrade, or exit — here's the core comparison:
| Route | Notice Period | Court Timeline | Realistic Possession |
|---|---|---|---|
| Section 21 (serve before 30 Apr) | 2 months min | File by 31 Jul 2026 | Autumn 2026 (best case) |
| Ground 1A (selling) | 4 months min | No firm deadline | Spring–Summer 2027 |
Section 21, if served now and court proceedings filed promptly, is still the faster route. But the window for that advantage is measured in days.
For D-rated properties specifically: the upgrade cost to reach EPC C is typically £1,000–£5,000 — often less than the cost and delay of a contested possession action. Our D-to-C upgrade guide walks through the cheapest steps to close the gap. It's worth running both calculations before committing to S21.
If you decide selling is the right move, our full EPC exit strategy guide covers all routes available from 1 May onwards — including Ground 1A in detail.
Your Action Checklist
If you're considering serving a Section 21 notice in the next four weeks:
- Check your tenancy file — confirm the EPC, How to Rent guide, and gas safety cert were all provided to the tenant at the start of the tenancy
- Confirm the property has a valid, current EPC — it must not have expired
- Decide: serve S21 now or use Ground 1A from May? — use the comparison table above
- If serving: use Form 6A — download from gov.uk, complete accurately, give 2+ months' notice
- Keep proof of service — email with read receipt or recorded post with confirmation
- File your court possession claim before 31 July 2026 — after that date, a pre-May S21 notice lapses
- F/G property? Get legal advice before serving — your situation has additional complexity
Is Upgrading Cheaper Than Selling?
Use our free EPC cost estimator to see what it would cost to bring your property to EPC C — then compare it to the timeline and costs of Ground 1A possession.
Frequently Asked Questions
Does my EPC rating affect whether my S21 notice is valid? Not directly. A D, E, F, or G rating does not automatically invalidate a Section 21 notice. What matters for S21 validity is whether the EPC was provided to the tenant at the start of the tenancy. F/G properties are in MEES breach (a separate legal issue) but that breach alone doesn't invalidate the notice.
What if I never gave my tenant an EPC when they moved in? If the tenancy started after April 2012 and you never provided the EPC, your Section 21 notice will likely be invalid. Take legal advice — in some cases the defect cannot be retrospectively cured. You may need to use Section 8 grounds instead.
Can I serve a Section 21 notice after 1 May 2026? No. Section 21 is abolished on 1 May 2026. After that date, landlords must use Section 8 grounds to recover possession. Ground 1A (genuine intention to sell) is the main option for landlords who want to exit.
My Section 21 notice expires after 1 May — is it still valid? Yes — if you served the notice before 1 May 2026, the transitional rules in Schedule 6 of the Renters' Rights Act preserve it. You must file your court possession claim by 31 July 2026 or the notice lapses.
I've decided to upgrade rather than sell. Where do I start? If your property is rated D, it may be closer to EPC C than you think. See our D-to-C upgrade guide for the cheapest measures, typical costs, and what to expect from a reassessment.