Section 21 Notice rules and compliance before abolished

LEGACY SECTION 21 PROCESS

Section 21 court application guidance

This page only applies where the Section 21 Notice was received by the tenant before 1 May 2026. After that date, this page does not apply to new cases.

PIMS is still helping members with existing Section 21 court applications already in progress. If your case falls into that category, this page helps you gather the right documents, avoid common mistakes and prepare the court application properly.

See the court application guide Contact the PIMS helpline
Important: if your Section 21 Notice was not received by the tenant before 1 May 2026, this route does not apply to you.

Before you do anything else

Before issuing a notice, or before relying on one already served, review the court application process first. This helps you understand what written evidence the court will require and whether you are entitled to use the process.

See the PIMS guide: court application for possession using Section 21 .

Warning: several courts have struck out possession claims where the latest How to Rent guide had not been issued when the tenancy became periodic. Reissue the How to Rent guide and EPC before issuing a Section 21 if applicable. See Superstrike v Rodrigues.

What changes after the reforms

This page is for the old Section 21 route only. For the wider change in possession routes, see: The Renters Reform Bill.

The PIMS 3-step approach

1
Check the court application first Review the application process before issuing a notice. This helps you understand the written evidence required and whether the Section 21 route is available to you.
2
Prepare your evidence properly Have your documents ready and label them clearly as written evidence. The court usually requires multiple copies. Never send original documents with the application.
3
Ask PIMS to check the application PIMS members can ask the helpline to review the N5B application before submission. This is often the easiest way to avoid mistakes that can cause the claim to fail.

Common issues that can stop the process

How to Rent guide and prescribed documents Check whether the required documents were given before relying on a Section 21 Notice. Retaliatory eviction risk Complaint and repair issues can affect whether the process can be used. Deposit problems Deposit failures can prevent a landlord from relying on this route until the breach is remedied properly. Timing and expiry Check whether the notice is still usable and whether any court application must now be made urgently.
Stop and call the helpline if you failed to protect a deposit correctly, if licensing issues apply, or if you are unsure whether the notice can still be relied upon.

Service of the notice matters

When applying for possession, you will need proof that the Section 21 Notice was served. The tenant can defend the claim by saying the notice was not received.

  • Keep a copy of the notice marked as evidence.
  • Keep proof of service clearly marked.
  • If the tenant signed receipt, record that clearly in the evidence pack.
  • If served by hand by someone other than the landlord, use the correct certificate of service.

Useful documents: Witness statement and Form N215 Certificate of Service.