Final warning for landlords as possession deadline looms

Landlords only have until tomorrow (31 July) to apply for court possession under Section 21 or older Section 8 notices.

When the Renters’ Rights Act came into force in May, fixed-term tenancies were abolished, and all existing Assured Shorthold Tenancies (ASTs) automatically became Assured Periodic Tenancies (APTs).

However, landlords already in the possession process could still rely on valid Section 21 or Section 8 notices served before 1 May, provided they applied to court by 31 July.

Industry bodies have urged landlords to act now, with one expert warning capacity pressures are “unlike anything seen” as landlords rush to meet the deadline.

Hard deadline with very real consequences

Paul Shamplina, founder of Landlord Action, told Property118: “The final 31 July deadline is now upon us and, for landlords whose existing notice remains valid until that date, it is a hard deadline with very real consequences.

“I have been on the phone constantly, and the capacity pressures and volume of work we are experiencing are unlike anything I have seen since starting Landlord Action.

“We have been warning landlords about this date for months, but the last-minute panic is very apparent. It is not enough simply to have served a notice or contacted a solicitor. The possession claim must be started in time, and before that can happen we need to review the paperwork and regulatory documents to ensure everything is compliant.

“Where landlords have prepared notices themselves, we frequently find missing documents or other problems that could cause the claim to fail in court.

“The pressure has become so intense that, wherever possible, we are arranging for completed claims to be hand-delivered to the courts so we know they have been received.”

Unintended consequences

Mr Shamplina warns that landlords who have left it too late will lose the opportunity to rely on their existing notice.

He explains: “Those seeking to sell may then have to begin again under the new Section 8 process using Ground 1A, subject to the relevant conditions and notice period.

“One of the unintended consequences is that some landlords who might otherwise have allowed a tenancy to continue have acted now because they feared losing the ability to recover their property.

“That means tenants are being asked to leave earlier than they might have been, which risks adding further pressure to already stretched temporary and social housing services. That is the opposite of the greater security the reforms were intended to provide.”

Industry reaction

A spokesperson for the National Residential Landlords Association (NRLA), warned landlords they will have to start possession proceedings again if they miss the deadline.

The spokesperson told Property118: “As many will already know, Section 21 had an accelerated possession procedure which allowed judges to base their decisions on the paperwork alone, a system that did not require a court date.

“If a landlord issued a valid Section 21 notice before 1 May 2026, they may still apply to the court for a possession order before 31 July 2026, provided it is no more than six months after service of the notice.

“It is crucial to note that if these deadlines are missed, the Section 21 notice will expire and landlords will need to start possession proceedings again under the new regulations.

“We expect these changes to have a significant impact on court wait times, with an already overloaded court system set to experience further delays due to an upsurge in the number of Section 8 court hearings brought before the courts.”

Kim Lidbury, president of ARLA Propertymark (Association of Residential Letting Agents), explains it’s important for letting agents to help landlords with the upcoming deadline.

She said: “The 31 July deadline is an important date for landlords who served a valid Section 21 or relevant Section 8 notice before the Renters’ Rights Act came into force. To rely on the previous possession process, landlords must have submitted their possession claim to the court by this date.

“Missing the deadline could mean landlords are required to pursue possession under the new legislative framework instead, which introduces different grounds, processes and requirements. This could result in additional delays, costs and uncertainty.

“Landlords who are affected should act without delay. Letting agents have a vital role to play in helping landlords understand the transitional arrangements, ensuring the correct documentation has been submitted, and providing professional advice to help clients navigate the new legal framework with confidence.

“As the sector adapts to these significant reforms, professional agents will be key to supporting compliance while helping landlords continue to provide high-quality homes for tenants.”