Can my landlord still use a Section 21 notice after the Renters' Rights Act?

After the full commencement of the Renters' Rights Act 2025, Section 21 notices are abolished. Landlords must instead use Section 8 grounds to serve possession notices. However, any pre-RRA Section 21 notices still in train may still be defended using the standard procedures outlined for possession proceedings.

What are common reasons a possession notice might be invalid?

Common defects include incorrect dates, using the wrong form, failing to protect the deposit, or not serving required documents like an Energy Performance Certificate, Electrical Installation Condition Report, Gas Safety certificate, or How to Rent booklet. Over 30% of pre-RRA Section 21 notices are reported to be defective, so checking validity is a crucial first step.

Where can I get free legal advice for a possession claim?

Free advice is available from organisations like Shelter, Citizens Advice, or law centres. Additionally, means-tested legal aid is accessible for possession proceedings through the Housing Loss Prevention Advice Service (HLPAS) at the court door. HLPAS duty solicitors are available at most courts to provide in-person advice during hearings.

What happens if the court grants a possession order?

If a possession order is made, you can apply to have it set aside or appeal the decision. If you choose to stay in the property, the landlord must apply for a warrant of possession using Form N325 to send bailiffs. Otherwise, you must comply with the date specified in the order.

All Legal Journeys

Housing Law

England only

6 stages

2–6 months from notice to hearing

Reviewed 2026-05-21

Defending Possession Proceedings (post-Section 21)

For tenants served with a Section 8 notice (or pre-RRA Section 21 notice still in train), how to defend possession proceedings from notice to hearing.

This page applies in England only — different rules may apply in Wales, Scotland, or Northern Ireland.

Who Uses This Journey

Private tenants in England whose landlord has served a possession notice. After full commencement of the Renters' Rights Act 2025, Section 21 is abolished and landlords must use Section 8 grounds.

Stage-by-Stage Timeline

Check notice validity

Many possession notices are defective. Common defects: wrong dates, wrong form, deposit not protected, no EPC/EICR/Gas Safety/How to Rent booklet served (pre-RRA), no required information.

Common Mistakes to Avoid

Assuming all notices are valid — over 30% of pre-RRA s.21 notices are defective

Get advice immediately

Free advice from Shelter, Citizens Advice, or a law centre. Means-tested legal aid is available for possession proceedings under the Housing Loss Prevention Advice Service (HLPAS) at court door.

Deadline: Notice expiry — 2 weeks to 2 months depending on ground

Engage with the landlord

Negotiate where possible. Pay arrears (ground 8 is dis-applied if arrears reduced below 3 months by hearing date). Offer realistic repayment plans.

File a defence

On receipt of Form N5 claim, file Form N11R (rented residential premises) within 14 days. Set out defences and counterclaims (disrepair, deposit penalty under s.214 Housing Act 2004 for unprotected deposit).

Deadline: 14 days from service

Forms at This Stage

N11R

Hearing

Possession hearings are usually listed quickly (5–8 weeks from issue). Most are short — 10 minutes — unless defended. HLPAS duty solicitor available at most courts for in-person advice.

Evidence Needed

Tenancy agreement
Deposit certificate
Rent statements
Photographs of disrepair if relying on counterclaim

Possible Outcomes

Possession order suspended
Possession order outright
Possession denied
Counterclaim damages

Appeal or comply

If a possession order is made, you can apply to set aside or appeal. Otherwise, comply with the date in the order — if you stay, the landlord must apply for a warrant of possession (Form N325) to send bailiffs.

Official Sources

Form N11R Defence Housing Loss Prevention Advice Service Shelter — defending possession

Related Guides

Section 21 Abolition

Frequently asked questions

Can my landlord still use a Section 21 notice after the Renters' Rights Act?: After the full commencement of the Renters' Rights Act 2025, Section 21 notices are abolished. Landlords must instead use Section 8 grounds to serve possession notices. However, any pre-RRA Section 21 notices still in train may still be defended using the standard procedures outlined for possession proceedings.
What are common reasons a possession notice might be invalid?: Common defects include incorrect dates, using the wrong form, failing to protect the deposit, or not serving required documents like an Energy Performance Certificate, Electrical Installation Condition Report, Gas Safety certificate, or How to Rent booklet. Over 30% of pre-RRA Section 21 notices are reported to be defective, so checking validity is a crucial first step.
Where can I get free legal advice for a possession claim?: Free advice is available from organisations like Shelter, Citizens Advice, or law centres. Additionally, means-tested legal aid is accessible for possession proceedings through the Housing Loss Prevention Advice Service (HLPAS) at the court door. HLPAS duty solicitors are available at most courts to provide in-person advice during hearings.
What happens if the court grants a possession order?: If a possession order is made, you can apply to have it set aside or appeal the decision. If you choose to stay in the property, the landlord must apply for a warrant of possession using Form N325 to send bailiffs. Otherwise, you must comply with the date specified in the order.