Tenants: Will They Stay Or Will They Go On Being Given Notice?

Section 21 notices (the no-fault notices) have been phased out as a result of the Renters Rights Act 2025. However, a section 21 notice may still be relied upon in two scenarios provided it was validly served before 1 May 2026. 

First, where a valid section 21 notice was served and a claim form for possession was issued before 1 May 2026, the notice remains valid until the proceedings are concluded, and the tenancy continues to be treated as an assured shorthold tenancy during that period. 

Secondly, where a valid section 21 notice was served before 1 May 2026 but the claim form was not issued before that date, the landlord may only commence proceedings if the claim form is issued by whichever of the following dates falls first: (a) six months from the date of service of the notice; or (b) 31 July 2026. If the earliest date on which possession proceedings could begin, as stated in the notice, falls on or after 1 August 2026, the notice will be invalid for the purposes of issuing proceedings. 

The question of how long it will take to evict a tenant is an important one, although it is also a complicated one, particularly in the wake of the Renters Rights Act.

Historically, the timescale could be summarised as follows:

1. Service of Section 21 notice – 2 months’ Notice is required
2. Drafting and filing the court papers – within 24 hours
3. Claim issued by court within 7-10 days
4. Tenant’s time to file a defence – 14 days
5. Possession order 7-10 days to obtain following request for possession, up to c.2 months for court processing
6. Tenant usually ordered to give possession in 14 days but may be up to 42 days
7. Bailiff’s warrant – 10-12 weeks to apply for warrant and get appointment with the bailiff

So the minimum period for an undefended accelerated possession claim (eviction) was about 6 months, best case. 

The full impact of the Renters Rights Act on timescales and process currently remains to be seen but unlike accelerated possession claims via the old (discontinued) section 21 notice, a section 8 based claim will require at least one hearing. Possession orders will no longer be made ‘on paper’. That means there will certainly be longer timescales. These claims are yet to work their way through the system but in busy county courts it is not unusual for correspondence processing times to be 10 weeks alone. 3-6 months for a hearing is also not unusual- sometimes timescales can be longer. In this context we expect possession claims to now take in the region of 12-18 months from issuance of the claim, keeping in mind that the section 8 mandatory possession grounds also now have longer notice periods before the claim can even be issued. 

For all the above reasons landlords, property investors and letting agents are well advised to obtain UK property owning guarantors not least so that, if rent isn’t being paid, and/or a claim needs to be pursued (with legal costs incurred) you can pursue recovery of your losses against the guarantor. This is a far better quality approach to recover your property than any alternative, including rent guarantee insurance, which often is expensive and only insures you for a limited time period, and even then only the lowest risk tenants. 

If you encounter a problem tenant we’d love to assist you. Helix Law has supported landlords nationally in regaining possession of property, for decades. Our expert property litigation team act nationally and can help you regain possession of your property across England and Wales. We assist with possession cases under both the existing rules and the new Section 8 grounds, always working to protect landlords with practical, strategic support. That includes advice on eviction timelines and defences and how to evict in the quickest most effective way.

What we cannot tell you is at what stage in the process your tenant will leave the property. Some tenants leave on being served notice but others stay until the bitter end when they are evicted by the bailiff. If your tenant has generally been a trouble free tenant, it is more likely that they will leave the property on being served the correct notice. However, if they’ve been a difficult tenant throughout the tenancy or you know they are in financial difficulties so will find it hard to secure a new property, prepare yourself for a bumpy ride. It has never been more important to get these claims right the first time, without fail.

If you are facing an issue get in touch with the Helix Law property litigation team to discuss your situation and find out where you stand. We’d love to assist you.