Private landlords in England can no longer apply to the county court for possession using a section 8 or section 21 notice given before 1 May 2026, as 31 July 2026 was the last date for applications.
Key facts
- Who: Private landlords in England with assured tenancies (other than social housing let by private registered providers) who served a section 8 or section 21 notice before 1 May 2026, and their tenants
- From: 31 July 2026 (last date to apply to court)
- Source: Giving notice of possession to tenants before 1 May 2026 (GOV.UK)
GOV.UK guidance sets out that the window for using older eviction notices has closed. It covers private landlords in England who gave a valid section 8 or section 21 notice on or before 30 April 2026, where the notice was still valid immediately before 1 May 2026.
The cut-off. 31 July 2026 was the last date on which a landlord could apply for a possession order on such a notice. If the landlord asked the court to issue a claim form on or before that date, the case continues until proceedings have concluded.
Section 21 notices. Landlords can no longer issue section 21 notices for existing or new tenancies from 1 May 2026. A section 21 notice given before that date had to be used to start court proceedings by the earlier of the time left on the notice and 31 July 2026. If the earliest date proceedings could begin under the notice was on or after 1 August 2026, it cannot be used to apply to court.
Section 8 notices. A section 8 notice given before 1 May 2026 could be used to start proceedings only until the earlier of 12 months after the notice was given and 31 July 2026. Where a tenant was in a breathing space, the time limit for asking the court to issue proceedings is extended in certain circumstances to 8 weeks from the date the breathing space ends.
If the notice was not valid. If the notice was not valid immediately before 1 May 2026, the court cannot grant possession on section 21 or on the section 8 grounds as they stood before that date. A landlord who still wants possession must start the process again using the section 8 grounds available on and since 1 May 2026.
If a claim was made in time. The claim follows the standard route (Form N5, with a hearing) or the accelerated route (Form N5B, where the judge decides on the documents unless more information is needed). If the judge does not make a possession order and the claim is dismissed, the tenancy becomes an assured periodic tenancy. From the date of dismissal, new legal rights and obligations apply under the Renters' Rights Act 2025.
What this means for landlords and tenants
Landlords who gave a notice before 1 May 2026 but did not apply to court by 31 July 2026 can no longer use that notice to apply for possession. Landlords who applied in time will see the case continue until proceedings have concluded. Anyone unsure whether their notice was valid, or whether an application was made in time, should get legal advice.
Tenants who received an older notice should know that landlords can no longer apply to court on it after 31 July 2026. Tenants with a live claim should check any court papers and deadlines carefully and get advice before a hearing or response date passes.