Private landlords in England can no longer apply to the county court on a section 8 or section 21 notice given before 1 May 2026 if they have not already done so. This affects assured and assured shorthold tenants.
Key facts
- Who: Assured and assured shorthold tenants in England renting from a private landlord (other than a private registered provider of social housing) who were given a section 8 or section 21 notice before 1 May 2026
- From: Landlords had until 31 July 2026, or until the notice expired if earlier, to apply to court
- Source: Notices of possession served before 1 May 2026: a guide for tenants who are renting from a private landlord
Government guidance for tenants confirms that a private landlord can no longer apply to the county court for a possession order using a section 8 notice (Form 3) or a section 21 notice (Form 6A) given to the tenant before 1 May 2026, if they have not already done so. Landlords had until 31 July 2026, or until the notice expired if that was earlier, to make a possession claim.
Where a claim was made on or before 31 July 2026, the tenant can check whether the notice was valid. For a section 8 notice, that means checking:
- that it was served correctly
- that the information and the grounds were correct and justified
- that it had not expired immediately before 1 May 2026
A tenant can contest the claim on those points, or because of discrimination or disability.
For a section 21 notice, the guidance lists requirements including at least two months' notice and the use of Form 6A. It also lists compliance with rules on gas safety certificates, energy performance certificates, the How to rent guide, deposit protection, licensing and prohibited fees.
The guidance also covers tenants who are or were in a breathing space. A landlord may be able to apply for a possession order on or after 1 August 2026 using a section 8 notice given before 1 May 2026. A landlord cannot start section 8 proceedings for rent arrears during a breathing space. Once it ends, if fewer than eight weeks remain on the notice, or it has expired, the landlord has eight weeks from the date the breathing space ends to start proceedings.
If a claim has been made, the court sends the claim forms and a defence form. The defence form must be returned within 14 days of service of the claim form. Under section 21, the accelerated procedure does not usually involve a hearing, so the defence form is likely to be the only chance to contest the claim. Where the landlord used section 21, the defence form can also be used to ask for up to six weeks' delay in possession on grounds of exceptional hardship.
What this means for tenants
- Check the date on any section 8 or section 21 notice you were given, and whether a court claim followed.
- If you receive court papers, follow the instructions and return the defence form within 14 days of service of the claim form.
- Keep your tenancy agreement, the notice, court papers and proof of rent payments.
- The guidance says free help may be available through the Housing Loss Prevention Advice Service and Civil Legal Advice.
- If a possession order has been made, the guidance describes applying to set it aside. The court fee is £321 if the court is to tell the landlord of the application, or £126 if the landlord agrees to the order being set aside, unless you qualify for help.
- An application to suspend a warrant or writ of possession costs £15, unless you qualify for help.
- Get advice promptly if you are unsure which process applies to you.