Section 21 Expired on 31 July 2026: What Landlords in England Do Now

If you served a Section 21 notice before 1 May 2026 and did not start court proceedings by 31 July 2026, that notice can no longer be used. The same goes for an old-style Section 8 notice that was not used in time.

This guide covers what the transition rules said, what has happened to the tenancy, the one-month Information Sheet duty that many landlords have missed, and how possession works from here.

What the transition rules said

The government's guidance on notices given before 1 May 2026 sets out the cut-off:

• Section 21 notices given before 1 May 2026. Court proceedings had to start by whichever came first: the end of the notice's own validity period, or 31 July 2026. If the earliest date proceedings could start under the notice was on or after 1 August 2026, the notice could not be used at all.
• Section 8 notices given before 1 May 2026. Proceedings had to start by whichever came first: 12 months after the notice was given, or 31 July 2026.
• Claims already issued. If the court was asked to issue a claim on or before 31 July 2026, the case carries on until it is finished.

What happens to the tenancy now

Once the old notice is no longer valid, or the court case on it has finished without you getting possession, the tenancy becomes an assured periodic tenancy under the new rules. Section 21 is gone for good. If you need the property back, you must use a Section 8 ground on Form 3A.

The one-month Information Sheet duty

This is the step many landlords miss. The government's Information Sheet page says that when a pre-May notice stops being valid, or the court process on it finishes, the landlord then has one month to give the tenants the Renters' Rights Act Information Sheet 2026.

• The month runs from the date the notice stopped being valid, or the date the court process finished.
• Every tenant named on the tenancy agreement must get a copy.
• Give the sheet itself, not just a link, and keep proof of when you gave it.
• The government says failing to give it could lead to a fine of up to £7,000.

So if your Section 21 notice lapsed at the end of July without a claim, the sheet was due around the end of August. If you missed it, give it now and keep a record. For tenancies that started on or after 1 May 2026, the sheet does not apply. Those tenants get a written statement of terms instead.

Getting possession now: Section 8 only

Every possession claim in England now needs a Section 8 ground. There are 37 of them, with notice periods from immediate (Ground 7A, serious anti-social behaviour) to four months (Grounds 1 and 1A, moving in or selling). For rent arrears, Ground 8 needs three months' arrears and four weeks' notice.

Our guides go through them in detail:

• Section 21 is gone: the Section 8 grounds you can use
• The 37 grounds on Form 3A, explained

The deposit rule now applies to Section 8

Before May, failing to protect a deposit stopped you using Section 21. The Renters' Rights Act carried that rule across to Section 8. Under section 215 of the Housing Act 2004, as amended, a court can only make a possession order on an assured tenancy if:

• the deposit is protected in an authorised scheme
• you complied with the scheme's initial requirements
• you gave the tenant the prescribed information

The only exceptions are Ground 7A (serious anti-social behaviour) and Ground 14. You can cure a failure by returning the deposit in full, or with agreed deductions, or once the tenant's penalty claim has been decided, withdrawn or settled. Check your prescribed information before you serve any notice.

Court fees went up on 13 July 2026

The court fee to issue a possession claim is now £415, and a warrant of possession is £152 (see the HMCTS fees list, EX50A). Some older pages still show the previous figures.

Your checklist

1. List every tenancy where you served a Section 21 or old Section 8 notice before May. Did a claim issue by 31 July? If not, the notice is spent.
2. Give the Information Sheet to every named tenant on those tenancies, if you have not already. Keep proof.
3. Check the deposit. Protected, initial requirements met, prescribed information given? If not, fix it before you serve a Section 8 notice.
4. Build your evidence. For arrears, keep a rent statement and copies of your arrears letters. For breach, keep dated records.
5. Plan for the PRS Database. Once registration is live in your region, a court cannot make most possession orders while you are in breach. See our PRS Database guide.

This article is general guidance on the law as at 3 October 2026. It is not legal advice. For a specific case, speak to a solicitor.