If you served a Section 21 notice prior to the Renters’ Rights Act changes on 1st May, and that notice has recently expired, you might think the hard part is over. Unfortunately, the most precarious part of the eviction process is just beginning.
At Expert Landlord Solicitors, we are advising landlords on the legal and administrative traps surrounding expired legacy Section 21 notices. If you do not act swiftly and lawfully, you risk criminal penalties or having your entire claim invalidated this summer.
What happens now the notice has expired?
It is a common misconception that once the notice period concludes, the tenant becomes a trespasser and loses their right to be in the property. Legally, this is incorrect.
Under the Housing Act 1988, your tenant retains a lawful right to remain in occupation until a judge grants a court order and it is subsequently enforced by a bailiff. The expiry of the notice simply marks the earliest point at which you can apply to the County Court for that possession order. Because the tenancy continues legally, you must not attempt to change the locks or forcibly remove the tenant, as doing so risks severe criminal penalties for unlawful eviction.
Lawfully checking for vacant possession
Before issuing a claim, it is sensible to check if the tenant has moved out voluntarily. However, the law surrounding your right to enter the property is incredibly strict. You can lawfully conduct external observations (such as checking for removed furniture or piled-up post), contact the tenant via text or email to ask if they have vacated, and politely inquire with neighbours.
It is vital to understand that silence does not equal consent. While some landlord guides suggest serving a 24-hour notice of inspection and entering if there is no reply, doing so carries a significant legal risk. Tenants have a right to “quiet enjoyment.” Entering without their express permission, even with 24 hours’ notice, can be classed as civil trespass or a breach of contract. If the tenant is present and feels threatened, it could escalate to harassment under the Protection from Eviction Act 1977.
Ultimately, if you are unsure if your tenant has left, the safest course of action is to issue possession proceedings.
The Filing vs. Issuing Bottleneck
If the tenant remains, you face a significant administrative bottleneck at the courts. Under Civil Procedure Rule 7.2(1), a claim is only legally “issued” when the court office officially seals it with a stamp.
As confirmed by the Court of Appeal in Walton v Pickerings Solicitors [2023], the court cannot backdate this seal. Therefore, if a claim is filed next week but the court administrative staff take until August to process the paperwork, the legal issue date will be in August.
The 31st July 2026 Cliff Edge & Court Delays
This administrative delay presents a critical risk to your case. Under the transitional rules of the Renters’ Rights Act 2025, any legacy Section 21 claim that is not officially sealed by the court by 31st July 2026 will become invalid, forcing you to restart under stricter Section 8 rules.
Currently, the legacy Section 21 process is your only route to the Accelerated Possession Procedure. Providing your paperwork is flawless and the tenant does not file a defence, a judge can grant a possession order without a mandatory hearing. However, if the tenant defends the claim, or if the judge spots an administrative error, a hearing will be listed (which currently carries an 8 to 16-week wait for a court date).
Regardless of the route, with severe bailiff backlogs across the country, prudent estimates suggest the total timeline from filing a claim to actual repossession is currently between 7 to 11 months.
Our Strategic Recommendations
Given that court clerks cannot be physically forced to process paperwork faster, proactive steps must be taken. Once a claim is filed, it is essential to “energetically chase” the court for a sealed version of your claim, keeping a rigorous log of all correspondence to evidence your diligence.
Additionally, when you instruct us, we can discuss backup strategies to protect your position, such as running a “parallel track” by simultaneously serving a new Section 8 notice. This acts as a safety net in case court delays push your Section 21 claim past the July deadline.
Transparent Fixed-Fee Pricing
Navigating these transitional rules requires specialist knowledge. We offer a fixed-fee service for Section 21 possession claims (where there is a valid notice in place) for £1,200 including VAT (excluding the court fee).
With the 31st July deadline approaching, you cannot afford to wait. Contact Expert Landlord Solicitors today to secure your claim info@expertlandlordsolicitors.co.uk .