Section 21 Court Proceedings: What to Do Before the 31 July Deadline

If you served a Section 21 notice before 1 May 2026 and your tenant has not left, you have until 31 July 2026 to start court proceedings.

After that date, the notice lapses. You cannot extend it, reissue it, or transfer the claim to a different process. Your only route from 1 August would be Section 8, on a specific legal ground, with the appropriate notice period and evidence.

Section 8 is a genuine and workable route. But it is a different process, it takes longer, and it does not apply to the same factual situation as a straightforward Section 21 claim. If you have a valid pre-May notice and a tenant who has not left, the window to use it is closing now.

What "Issued by 31 July" Means

The deadline is not about having a court hearing by 31 July. It is about having the claim issued.

"Issued" means the court has received your claim form, registered it, and given you a claim number. The hearing, the possession order, and any enforcement all come later. What matters on 31 July is that the paperwork is on file and the court has stamped it.

When you submit Form N5B (the accelerated possession form) to the county court, the court registers the claim. That is the point at which proceedings are "started" for the purposes of the transitional rules. You do not need a decision by 31 July. You need a claim number.

The Six-Month Rule

There is a second time limit that some landlords overlook.

Under the Housing Act 1988, you generally must make your court application within six months of the date you served the Section 21 notice. The 31 July 2026 deadline applies on top of this, not instead of it. The effective deadline for your claim is whichever falls first: six months from the notice date, or 31 July 2026.

This matters if you served your notice more than five months ago. A notice served in October 2025 has a six-month deadline around April 2026. One served in January 2026 runs to around July 2026. Check your notice date. If you are approaching that six-month mark, you need to file immediately.

If you are in any doubt about whether your notice is still within time, take legal advice before filing. An out-of-time claim will be rejected, and you cannot remedy it.

Why the Practical Deadline Is Now

Meeting the 31 July legal requirement is not the same as getting your property back promptly.

Frequently Asked Questions

What is the deadline for Section 21 court proceedings in 2026?

If you served a valid Section 21 notice before 1 May 2026, you must start court proceedings by 31 July 2026. 'Start' means the claim is issued (registered) by the court, not heard. In many cases, the effective deadline is earlier: the law requires you to apply within six months of serving the notice, so notices served before February 2026 may already be approaching their individual deadline.

What form do landlords use for accelerated possession under Section 21?

Form N5B (England). The accelerated procedure does not require a court hearing unless the tenant files a defence. You submit the form and supporting documents to the county court covering the property. The judge reviews the paperwork and, if satisfied, issues a possession order without a hearing.

How much does it cost to file a Section 21 possession claim?

The court fee for an accelerated possession claim (Form N5B) is £404. You send the fee with your form to the county court. Help with fees may be available if your income is below a certain threshold.

What documents do I need to file a Section 21 possession claim?

You need: the signed tenancy agreement, the Section 21 notice with dated proof of service, the EPC certificate, the gas safety certificate (if applicable), evidence of deposit protection and prescribed information service, and proof the How to Rent guide was given at the start of the tenancy. Any missing document may invalidate the claim.