Legacy Section 21 deadline has passed: what Wandsworth landlords must do next

05/08/2026

 

The final deadline for starting possession proceedings using a Section 21 notice served before 1 May 2026 was 31 July 2026. A landlord who did not ask the court to issue a claim by that date can no longer rely on the notice. If proceedings were issued on or before the deadline, however, the case can continue until it concludes.

 

Section 21 was abolished for private tenancies in England on 1 May 2026 under the Renters’ Rights Act 2025. Landlords must now establish an applicable Section 8 possession ground. The GOV.UK guidance on evicting tenants explains the current process, while our guide to what the Renters' Rights Act means for Wandsworth landlords covers the wider reforms.

 

The dates that matter

DateWhat it means
30 April 2026 Last day on which a new Section 21 notice could be served
1 May 2026 Section 21 was abolished and the new possession regime began
31 July 2026 Final day to issue proceedings using a valid pre-May Section 21 notice
After 31 July 2026 An unused legacy notice can no longer support a possession claim
By 31 August 2026 In many cases, landlords whose legacy notice expired must provide the Renters’ Rights Act Information Sheet

 

The applicable deadline was the earlier of the ordinary time remaining on the notice or 31 July 2026. A notice could not be used where its earliest court date fell on or after 1 August. Detailed transitional information is also available from the National Residential Landlords Association.

 

If proceedings were issued before the deadline

 

Check that the claim was validly issued and retain evidence that the original notice complied with the previous requirements. These included deposit protection, the prescribed information, any required property licence, the Energy Performance Certificate, the current How to Rent guide and a valid gas safety certificate where applicable.

 

A court can still dismiss a transitional claim if the Section 21 notice or supporting compliance was defective. Landlords with an active case should obtain advice before changing the tenancy, accepting a surrender or serving another notice.

 

If the deadline was missed

 

The landlord must start again under the current Section 8 rules and establish a statutory possession ground. For mandatory Ground 8, a monthly tenant must generally owe at least three months’ rent both when notice is served and at the hearing. The notice period is four weeks, not three weeks. Grounds 10 and 11 may be available for lower or persistent arrears, but they are discretionary, meaning possession is granted only where the court considers it reasonable.

 

Where the tenancy remains workable, retaining a reliable occupier may be more economical than pursuing possession. Our guides to how to maximise your rental income on a Wandsworth property, rental yields in Wandsworth and the area’s long-term investment market can help landlords reassess the commercial position.

 

Update the tenancy records

 

Where a valid legacy notice has now expired, the tenancy will generally fall into the assured periodic regime. The landlord normally has one month from the notice becoming invalid to provide the Renters’ Rights Act Information Sheet. For notices that expired on 31 July, that will usually mean acting by 31 August 2026.

 

The current minimum energy standard for covered domestic rented properties remains EPC E, unless an exemption applies. The planned move to EPC C is a future requirement, with the government’s current policy targeting 1 October 2030.

 

Frequently asked questions

Can I still use a Section 21 notice served before May 2026?

Only if court proceedings were issued by 31 July 2026. It is now too late to begin a new claim using that notice.

Do I need three months of arrears for every Section 8 claim?

No. Three months is the mandatory Ground 8 threshold for monthly rent. Other grounds may apply, but some are discretionary.

Can I sell with the tenant still in the property?

Yes, although the tenancy and possession position can affect value and the available buyers. Review current properties for sale in Wandsworth or register as a buyer when restructuring a portfolio.

Do these rules apply to commercial leases?

No. Commercial property is governed by different legislation. Listings for commercial property to let and commercial premises for sale are unaffected by the Section 21 transition.

 

Review your position now

The published fee for the Lets Find A Home full management service is 13%, exempt from VAT, with different renewal-year charges. The service includes rent collection, inspections, maintenance coordination and compliance support. Speak to the team for a review of any expired notice, continuing court claim or future possession strategy.

 

Click here to schedule an appointment with Matt, founder of Lets Find A Home

 

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