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The Section 21 Deadline Has Passed: What Happens Now

Hourglass with all of its sand run through to the bottom

Quietly, on the last day of July, an era ended. 31 July 2026 was the final day a landlord could take a Section 21 notice to court in England. The notice itself was abolished back on 1 May, but the courts kept the door open for three months so that notices served before the change could still be used. That grace period is now over. Any Section 21 notice that did not reach court in time has lapsed, permanently, and no fault eviction is now fully consigned to history.

If you missed the deadline

First, the bad news, and it is worth being blunt about it. If you served a Section 21 notice before 1 May 2026 and did not apply to the court by 31 July, that notice is dead. It cannot be revived, extended or argued back to life. Your tenancy has continued as an assured periodic tenancy, your tenant stays, and if you still need the property back you start again from scratch under the new rules.

The good news is that starting again is not the dead end some of the headlines suggest. Possession still exists. What has changed is that every route to it now runs through Section 8 of the Housing Act 1988, using the expanded grounds introduced by the Renters’ Rights Act. You need a reason, you need evidence, and you need to follow the process precisely. But the routes are there.

The grounds that matter now

Four grounds will do most of the work for most landlords. If you want to sell the property, there is a dedicated ground for that, but it requires four months notice and cannot be used in the first twelve months of a tenancy. The same rules apply if you or a close family member want to move in. For rent arrears, the threshold has risen: the tenant must owe at least three months rent, both when you serve notice and at the hearing, and the notice period is now four weeks. Serious antisocial behaviour remains a ground with a much shorter fuse.

Notice the pattern. Every ground now has a waiting period, an evidence bar, or both. The days of holding a vague notice in reserve are over. A possession claim in late 2026 is won or lost on paperwork: the tenancy agreement, the arrears ledger, the gas and electrical certificates, the deposit protection. If any of those are missing or out of date, expect the claim to stumble.

What to do this month

If you manage your own property, August is the month to get your house in order, literally. Check that your compliance documents are current and stored somewhere you can actually find them. Get your arrears tracking out of your head and into a system. And if you think you will need possession in the next year, plan the ground and the timeline now, because four months notice plus court time is not a quick exit.

There is also a bigger deadline forming on the horizon. Phase two of the Renters’ Rights Act brings the new Private Rented Sector Database, which starts rolling out from late 2026. Registration will eventually be a legal requirement, and an unregistered landlord will lose access to the very possession grounds described above. We have written a separate guide on how to get ahead of it.

The honest takeaway

The landlords coping best with this new world are not the ones fighting it. They are the ones treating renting as the regulated, professional business it has now firmly become. Clean records, prompt repairs, fair rents and good tenant relationships were always good practice. From this month, they are also your only realistic route to possession if things go wrong. If you would rather hand that discipline to someone who does it all day, that is exactly what our property management arm Upgraded PM was built for.


This article is general information and not legal advice. The dates and rules described are accurate to the best of our knowledge as of 1 August 2026, but your situation is your own, so speak to a qualified property solicitor before acting on anything here.