The end of accelerated possession: What the court backlog means for landlords after 1 May 2026

The first phase of the Renters’ Rights Act 2025 is officially in force as of 1 May 2026. One of the most significant changes in the implementation of Phase 1 of the Act is the abolition of Section 21 notices under the Housing Act 1988. Under the old regime, a Landlord could serve a valid Section 21 notice on a tenant under an Assured Shorthold Tenancy (AST) without needing to prove any breach or fault by the tenant.

However, many residential Landlords are now questioning whether they can still issue Section 21 notices after 1 May 2026. The short answer is no, but Landlords may still be able to rely upon Section 21 notices served before 1 May 2026, depending upon whether the notice was valid and if it was served in accordance with the correct statutory requirements.

Relying on a Section 21 notice pre-1 May 2026

If a valid Section 21 notice was served before 1 May 2026, but possession proceedings have not yet been issued, Landlords should be aware that the notice does not remain effective indefinitely. Under the transitional provisions of the Renters’ Rights Act 2025, the Section 21 notice will expire on the earlier of:

1. Six months from the date the Section 21 was served; or
2. 1 August 2026.

Accordingly, possession proceedings must be issued before whichever of those dates comes first. This is a hard deadline, as if you miss it, you will not be able to rely on the notice to start possession proceedings. This means the timing to issue possession proceedings is now critical. Landlords who may previously have delayed issuing proceedings after serving Section 21 notices now need to be far swifter.

However, if a Section 21 notice required a notice period longer than two months under Section 21(4)(b) of the Housing Act 1988, the applicable period for issuing possession proceedings is reduced to four months from the date specified in the notice or three months from the Renters’ Rights Act 2025 commencement date (1 May 2026), whichever is earlier.

Caution, it is now very much a “use it or lose it” situation for all Landlords who seek to rely on the previous regime. However, if possession proceedings are issued before the end of the applicable period, the Section 21 notice remains valid until the proceedings are concluded.

What does the court backlog mean for Landlords?

Landlords should also be aware that the abolition of Section 21 notices comes at a time when the courts are under significant pressure.

The latest Ministry of Justice (MoJ) statistics as of December 2025 show that the median time for a Landlord possession claim to progress from issue to repossession has increased to approximately from 25 weeks to 27 weeks in many cases, with some matters taking substantially longer depending on the court and whether enforcement action is required.

The MoJ’s data also showed that possession proceedings remain considerably slower than many Landlords expect, despite a reduction in the overall number of claims being issued. This has practical consequences for Landlords.

Historically, Section 21 notices were often viewed as a comparatively straightforward and “accelerated” route to recovering possession of a residential property particularly where there were no substantial rent arrears or factual disputes. In practical terms, this means that Landlords may face:

1. Longer periods without rental income;
2. Extended delays before bailiff enforcement; and
3. Ongoing mortgage and maintenance expenses during proceedings.

It also means that procedural compliance will become more important than ever. Procedural errors in Section 21 notices, deposit protection, prescribed information, licensing, gas safety compliance, or evidential preparation could cause a significant delay for Landlords in an already congested system.

For Landlords who served a valid Section 21 notice before 1 May 2026, timing is critical. Waiting too long to issue possession proceedings could result in a Section 21 notice expiring altogether, forcing Landlords to proceed under the new regime instead.

Key takeaways for landlords

Landlords should not delay taking action where a valid Section 21 notice has already been served prior to 1 May 2026. The transitional provisions under the Renters’ Rights Act 2025 provide only a limited window within which possession proceedings must be issued before the notice expires.

Whilst it may seem daunting, it need not be, provided that the relevant steps are taken at the appropriate time.

How can Ellis Jones help?

Our specialist team has been at the forefront of commentary on the Renters’ Rights Bill (as it was) from its earliest stages, including its previous iteration. As a result, our lawyers have developed a deep, detailed, practical and analytical understanding of the Act and its implications for Landlords as well as Lettings Agents.

For further information, or to speak with a member of our team, please contact us on 01202 525 333 or complete our make an enquiry form below.