Key Takeaways
- If you served a valid Section 21 notice before 1st May 2026 and applied to court by 31st July 2026, your claim continues under the old rules.
- If you didn’t apply by 31st July 2026, the notice can no longer be used, and you’ll need to serve a new notice under Section 8 relying on a specific ground.
- Even with a possession order, you can’t remove a tenant yourself. Only county court bailiffs or High Court enforcement officers can carry out an eviction.
- Illegal eviction or harassment can lead to prosecution or a civil penalty of up to £40,000.
You served the notice months ago. The date came and went, and the tenant is still there. Maybe the rent has stopped too, and every week that passes costs you money you’ll probably never see again.
To make it harder, the law changed underneath you. Section 21 was abolished on 1st May 2026, and the window for using notices served before then closed on 31st July. So many landlords aren’t sure whether their notice still counts, or what they’re allowed to do next.
The answer depends on exactly where your case stands. This guide walks through each situation and your options in each. If you’d like advice on your own case, Osbourne Pinner offers a free 30-minute consultation with our landlord and tenant solicitors.
Where does your case stand now?
Most landlords whose tenant hasn’t left after a Section 21 notice fall into one of three situations:
- You applied to court on or before 31st July 2026 and the claim is still going through.
- The court has made a possession order, but the tenant hasn’t moved out by the date given.
- You served a notice before 1st May 2026 but didn’t apply to court by 31st July 2026.
Each needs a different approach, so it’s worth being sure which one applies before you do anything else.
What if your claim was issued before 31st July?
Your claim carries on. As outlined on GOV.UK’s guidance for landlords, if you asked the court to issue a claim form on or before 31st July 2026, the case continues until the proceedings have concluded.
Many Section 21 claims use the accelerated procedure, which is dealt with on paper unless the tenant raises a defence. The most common defences are technical ones, such as:
- The deposit wasn’t protected properly
- The tenant didn’t receive the prescribed information, a gas safety certificate, an Energy Performance Certificate or the How to Rent guide
If the court finds the notice was invalid and dismisses the claim, the tenancy becomes an assured periodic tenancy under the new rules. Unfortunately, you’ll need to start again under Section 8.
Expect some waiting. The Ministry of Justice’s possession statistics recorded 22,733 landlord possession claims in January to March 2026 alone, and courts in busy areas are taking months to list hearings.
What if you have a possession order but the tenant won’t leave?
A possession order gives a date by which the tenant must leave, usually 14 days after the order. The court can extend that to up to six weeks if the tenant would suffer exceptional hardship.
If the tenant is still there after the date, you can’t change the locks or remove them yourself. You need to apply to the court for a warrant of possession, which is carried out by county court bailiffs.
In some cases, you can ask the court for permission to transfer enforcement to the High Court, where High Court enforcement officers can often act more quickly. The tenant can still apply to suspend the warrant though, so keep your paperwork in order until the eviction has taken place.
If you need any help, our possession orders and claims team handles enforcement as well as the court claim itself.
What if you missed the 31st July deadline?
Then the Section 21 notice can no longer be used, however valid it was when you served it. The tenancy is now an assured periodic tenancy under the Renters’ Rights Act, and any new claim has to be brought under Section 8 using one of the statutory grounds.
The grounds landlords use most often include:
- Ground 8: For serious rent arrears. The tenant must owe at least three months’ rent, or 13 weeks’ rent if paid weekly, both when you serve notice and at the hearing. The notice period is four weeks.
- Grounds 10 and 11: For lower or persistent arrears, where the court must also decide it’s reasonable to order possession.
- Ground 1A and 1: If you intend to sell or if you or a close family member will move in, respectively. Both need four months’ notice and can’t be used in the first 12 months of a tenancy.
- Grounds 7A and 14: For anti-social behaviour, which can move much faster in serious cases.
If you recover possession to sell or move in, you can’t re-let or market the property for rent for a restricted period of 12 months, and breaching that rule can lead to a penalty of up to £40,000. Our guide on how to evict a tenant after Section 21 was abolished explains each ground in more detail.
Could you agree an exit instead?
Court isn’t the only route. Some tenants stay put because they have nowhere to go, and a negotiated exit can be faster and cheaper than a contested claim. Options include:
- Agreeing a leaving date
- A payment plan for arrears
- A cash-for-keys arrangement, where you pay the tenant to leave by a set date
Any deal should be recorded in writing, with the tenancy formally surrendered and the keys returned before any money changes hands. It also needs to be a genuine offer the tenant is free to refuse. Remember, pressure can cross the line into harassment.
What must you avoid doing?
However frustrating the situation, taking matters into your own hands can turn a strong case into a criminal one. Under the Protection from Eviction Act 1977, it’s an offence to evict a residential occupier without a court order or to harass them into leaving. That includes:
- Changing the locks
- Removing their belongings
- Cutting off gas, electricity or water
- Repeatedly turning up to pressure a tenant
Since 1st May 2026, local authorities can impose civil penalties of up to £40,000 for illegal eviction, as an alternative to prosecution. A tenant might also be able to claim damages or apply for a rent repayment order.
How can you keep a new claim on track?
If you’re starting again under Section 8, the groundwork matters. Make sure the deposit is protected and the prescribed information has been given, since this affects whether the court can grant possession on most grounds. Check you gave the tenant the government’s Renters’ Rights Act information sheet, which was due by 31st May 2026 for existing tenancies. Crucially, keep accurate rent records and copies of all correspondence.
It’s also worth checking how your case was affected by the transition. Our earlier guide on what landlords needed to know about Section 21 before 1st May 2026 sets out the rules that applied to notices served before the change.
Get advice on recovering possession
Whether it’s a defective notice, the wrong ground or an attempt to remove the tenant yourself, a mistake at this stage can add months to the process or expose you to penalties. Getting the next step right first time is the quickest way to get your property back.
At Osbourne Pinner, our landlord and tenant solicitors act for landlords at every stage, from serving Section 8 notices and issuing possession claims to enforcing orders through the courts. We’ll tell you where you stand in plain English and give you a clear view of costs before you commit to anything.
Please note that this article is for informational purposes only and does not constitute legal advice. We always recommend speaking to a qualified solicitor for advice tailored to your specific circumstances.
We offer a free 30-minute consultation to discuss your situation, Monday to Friday. You can speak with us via video call or visit our offices in Piccadilly Circus, Canary Wharf, Wimbledon, Harrow or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below. We do not offer Legal Aid.
