The final Section 21 court deadline has passed.
Private landlords in England can no longer start a possession claim using a Section 21 notice served before 1 May 2026. To preserve that route, the landlord had to ask the court to issue the claim by the earlier of:
- the deadline for using that particular notice; or
- 31 July 2026.
Some notices therefore expired before 31 July.
A Section 21 claim submitted to the court within the correct deadline can still continue until the proceedings are concluded. But where no claim was started in time, the Section 21 route has now gone.
This article concerns privately rented assured tenancies in England. Different rules apply to Wales, Scotland, Northern Ireland, social housing, lodgers, licences and other arrangements outside the assured-tenancy regime.
What about old Section 8 notices?
Section 8 notices served under the pre-1 May 2026 rules were also subject to a transitional deadline.
Generally, the landlord had to start proceedings by the earlier of:
- 12 months after serving the notice; or
- 31 July 2026.
There is a narrow exception where a notice relying on rent-arrears Grounds 8, 10 or 11 was affected by a statutory Breathing Space. In qualifying cases, the deadline may be extended to eight weeks from the date the Breathing Space ends. These cases should be checked individually before the notice is treated as expired.
Need possession now? Start with Section 8
For a private assured tenancy covered by the post-1 May regime, the landlord must now rely on a valid Section 8 ground for possession.
The notice must use Form 3A, or a form substantially to the like effect. It must:
- contain the correct statutory ground;
- explain fully why that ground applies; and
- give the correct notice period.
An incomplete or inaccurate notice can delay the claim, cause it to be dismissed or force the landlord to start again.
Common possession grounds at a glance
Selling or moving in
Ground 1 applies where the landlord or a qualifying close family member genuinely intends to occupy the property as their only or principal home.
Ground 1A applies where the landlord genuinely intends to sell.
Both grounds normally require four months’ notice. Notice can be served during the first 12 months of a new tenancy, but it cannot expire before that protected period has ended.
Ground 1A is not available where the tenant has a pre-1 May 2026 assured tenancy that was not an assured shorthold tenancy.
Landlords using Grounds 1 or 1A must also observe the statutory 12-month restrictions on re-letting and remarketing, subject to limited exceptions. Breaching those restrictions can amount to an offence and may attract a financial penalty of up to £40,000 as an alternative to prosecution.
Serious rent arrears
Under mandatory Ground 8, the tenant must generally owe at least:
- three months’ rent where rent is paid monthly; or
- 13 weeks’ rent where rent is paid weekly or fortnightly.
The threshold must be met both when the notice is served and at the possession hearing. The notice period is four weeks.
Special statutory rules concerning unpaid Universal Credit can affect the arrears calculation, so the rent account must be checked carefully before Ground 8 is used.
Breach of tenancy
Ground 12 covers breaches of the tenancy agreement unrelated to rent. It requires two weeks’ notice.
This is a discretionary ground. Even if the breach is proved, the court must still decide that making a possession order is reasonable.
Antisocial behaviour
Under Ground 14, the landlord can apply to court immediately after serving the notice. However, the court cannot make a possession order during the first 14 days after service.
Ground 14 is also discretionary, so strong evidence will usually be essential.
Landlord takeaway
Section 21 has not simply been replaced by a longer notice.
Landlords must now identify and prove a specific statutory reason for possession. The ground, notice period, tenancy history, compliance position and evidence all need to be checked before the notice is served.
Do not serve first and investigate later. Getting the ground or notice wrong can lose months—and relying on a ground without a reasonable belief that the court will grant possession can itself lead to enforcement action.
Need to recover possession?
Possession Proceedings can help with:
- identifying the appropriate Section 8 ground;
- reviewing the tenancy and compliance documents;
- preparing and serving Form 3A;
- issuing and progressing the possession claim;
- recovering rent arrears; and
- enforcing a possession order where the tenant does not leave.
Speak to us before serving notice so the correct route, evidence and timescale can be established from the start.
This article provides general information about privately rented assured tenancies in England and reflects the position as at 15 August 2026. It is not legal advice on an individual case. Transitional provisions, statutory exceptions and the particular facts of a tenancy may change the correct procedure.
