Deadline for Section 21 Notices
A property lawyer has warned tenants who have received a Section 21 notice to check the dates carefully, as the deadline for landlords to apply to court for possession is July 31. The Renters' Rights Act, which came into force on May 1, ended no-fault evictions, but notices served before that date may still be valid if court proceedings are issued by the deadline.
Landlords who served Section 21 notices before the Act was introduced have until July 31 to apply to court, or within six months of the notice being served, whichever comes first. After that, the notice lapses and cannot be revived.
Tenants Misunderstand the Process
“Most tenants who have received a Section 21 notice assume the outcome is already settled, that the notice itself is effectively a countdown to eviction, and that there is little to be done except wait for the process to run its course,” explains a property lawyer at Barrister Connect. “For a significant number of them, that assumption is wrong, and this Thursday is the day on which the true position for many of these tenancies will finally be settled one way or the other.”
The lawyer added that a Section 21 notice is only a preliminary document. It becomes legally meaningful only if the landlord files a claim in court. A letter or text message stating an intention to go to court does not count as proceedings being issued.
Consequences of Missing the Deadline
If the deadline passes without court action, the notice lapses automatically. The landlord would then need to rely on specific grounds under the reformed Section 8 regime, such as rent arrears, intention to sell, or moving in family members. Each ground has its own evidential requirements, making it harder for landlords to evict without fault.
“That means the practical question every tenant in this position needs to answer for themselves is a narrow but important one: has a claim actually been issued, or has the landlord merely written, texted, or spoken to say that one is on its way?” the lawyer said.
