Residential possession – where we are at
After the numerous changes to legislation during the height of the Covid-19 pandemic, the majority of the rules have now reverted to their pre-pandemic state.
Section 21 Notice
The notice period for Section 21 Notices has reverted to two months, provided that it does not expire before the end of a fixed term tenancy and is not served within the first four months of the initial tenancy. Once served you have six months to issue a possession claim from the date of the notice, not from the date of expiry.
There is a new prescribed Form 6A which must be used as of 1 October 2021. It is important to ensure that this form is completed accurately as any mistakes will invalidate the Notice.
A new How to Rent Booklet was introduced in December 2020 which must be served at the beginning of the tenancy. A link to it is here. You must have served the How to Rent Booklet, an Energy Performance Certificate and Gas Safety Certificate on the tenant prior to their occupation of the property for the Notice to be valid.
Section 8 Notice
The notice period for Section 8 Notices which rely on grounds 8, 10 and 11 (those primarily used where there are rent arrears) has reverted to two weeks, and can be served at any time that the tenant meets the conditions set out within the grounds are met.
Court claim
Landlords are now entitled to issue court proceedings immediately upon a Notice expiring. We are experiencing significant delays with the court issuing and processing these claims. Hearings are often listed months ahead, rather than weeks. It is therefore adviseable to act as soon as you have an issue with your tenant, rather than waiting.
Bailiff warrants
All stays on bailiff evictions have now ended. Again, we are experiencing significant delays with appointments being listed in some areas of the country.
If you have any queries about the current position, please do not hesitate to contact us and we will be happy to assist you.
On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenancy agreements, tenant rights, deposits, notices and eviction processes amongst others. For the current position on this see our blog here. This legislation includes numerous changes designed to alter the relationship between landlords and tenants, aimed at giving tenants greater security of tenure and rights. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. Landlords should ensure you remain up to date on the legislation to avoid later difficulties. Contact our team if you need assistance and we will be happy to help.
At present the Act has not yet come into force however this is anticipated fairly soon. When in place the concept of retaliatory eviction in the context of section 21 notices, will end, because section 21 notices will no longer be valid.
Our fees and services will also be adapting to reflect the new reality. We will be continuing to act nationally in these disputes almost exclusively for landlords. When the Act is implemented a period of change, elongated timescales at court, and more complex and expensive court processes, should be anticipated in keeping with the aims of government to give tenants greater rights and security of tenure.
