Section 21 Expired: What to Do NextSection 21 Expired: What to Do Next
Move from an expired Section 21 notice to the correct possession claim steps and enforcement route.
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When a Section 21 expires, the next step is the court route. We can prepare the full pack for you.
What Happens When Section 21 Expires
When your Section 21 notice period ends and the tenant is still in the property, you enter the court phase. Understanding your options is crucial.
Notice Still Valid
Your Section 21 remains valid for 6 months after expiry. You do not need to serve a new notice.
Court Action Required
You cannot change locks or remove the tenant. You must apply for a court possession order.
Use Form N5B
The accelerated possession procedure (Form N5B) means no court hearing is needed.
Do Not Attempt to Evict Yourself
Changing locks, cutting utilities, or removing belongings without a court order is illegal eviction—a criminal offence under the Protection from Eviction Act 1977. You could face prosecution and fines.
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How Long is Your Section 21 Valid After Expiry?
You have a window of time to start court proceedings. Missing this deadline means you will need to serve a completely new notice.
Months
6-Month Window After Expiry
A Section 21 notice remains valid for 6 months from the possession date specified in the notice. You must start court proceedings (submit Form N5B) within this period.
- No need to serve a new notice if within 6 months
- Calculate from the date specified on the notice, not service date
- If 6 months pass, you must serve a new Section 21 and wait again
Example: Your Section 21 notice required the tenant to leave by 1 March 2026. You have until 1 September 2026 to submit your N5B court claim. After that, you need a fresh notice.
Accelerated Possession Procedure (Form N5B)
For Section 21 evictions, you can use the accelerated procedure which is faster and does not require a court hearing.
Forms Required
- 1Form N5B
Claim for possession (accelerated procedure)
- 2Form N215
Certificate of service of the notice
- 3Copy of Section 21 Notice
The original Form 6A you served
- 4Copy of Tenancy Agreement
The current AST for the property
Why Use N5B (Accelerated)?
- No court hearing
Judge reviews on paper—you do not need to attend
- Faster processing
Typically 4-8 weeks if undefended
- Lower stress
No need to prepare for or attend a hearing
- Same court fee
£355—same as standard possession claim
Limitation
You cannot claim rent arrears using the accelerated procedure. To claim money owed, you need Form N5 (standard possession) or a separate money claim via MCOL.
Next Steps: From Expired Notice to Possession
Follow this process after your Section 21 notice expires and the tenant refuses to leave.
Complete Court Forms (N5B + N215)
Fill out Form N5B with property details, tenancy information, and when you served the Section 21. Complete Form N215 to certify you served the notice correctly.
Submit to County Court & Pay Fee
Submit your claim to the County Court that covers the property location. You can submit online or by post. Include copies of your Section 21 notice and tenancy agreement.
Court Serves Tenant & Reviews
The court sends papers to the tenant, who has 14 days to respond. If they do not defend, a judge reviews on paper. If defended, a hearing may be scheduled.
Possession Order Granted
If successful, the court grants a possession order. This gives the tenant 14-42 days to leave. The order is posted to both parties.
Warrant of Possession (If Still Refuses)
If the tenant still does not leave after the order date, apply for a warrant of possession using Form N325. County court bailiffs will physically evict the tenant.
What If the Tenant Defends the Claim?
Tenants can challenge a Section 21 possession claim. Here are the common defences and how to handle them.
Deposit Issues
Claims that deposit was not protected within 30 days or prescribed information was not provided. This can invalidate Section 21.
Missing Documents
Claims that EPC, gas safety certificate, or How to Rent guide were not provided. All three are required for a valid Section 21.
Retaliatory Eviction
If tenant complained about conditions and the council served an improvement notice, Section 21 is blocked for 6 months.
Notice Validity
Claims that notice was not in correct form (Form 6A), wrong dates, or not properly served. Check your original notice carefully.
If Defended, the Court May Schedule a Hearing
If the tenant files a defence, the judge may schedule a hearing to consider both sides. You will need to provide evidence of compliance (deposit protection certificate, proof of EPC provision, etc.).
Pro tip: Keep copies of all documents you provided to the tenant, with dates. Email confirmations are useful evidence.
Expected Timeline After Notice Expires
Here is a realistic timeline for the court process after your Section 21 expires.
Total time (typical undefended case)
8-18 weeks
Total court costs
~£485
Get All Court Forms Ready to Submit
N5B, N215, witness statements, and step-by-step instructions. Everything you need to apply for a possession order after your Section 21 expires.
Section 21 Expired: Frequently Asked Questions
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For general information only. This page provides educational content about UK landlord law and is not legal advice. Laws vary by jurisdiction and change over time. For advice specific to your situation, consult a qualified solicitor.