As 1 May 2026 approached, Landlord Action saw a dramatic increase in landlords seeking advice and taking action. In some cases, client volumes reached three times the normal level as landlords who had previously delayed decisions realised that the opportunity to use Section 21 was coming to an end.
The result was a last-minute rush, driven by uncertainty about what would happen once landlords were forced to rely on the new grounds-based possession system.
In a recorded podcast hosted by our partner brand LandlordZONE, Landlord Action founder Paul Shamplina and Head of Legal Paul Sowerbutts discuss exactly what they were seeing during this period, the mistakes that continued to catch landlords out and the practical realities of possession under the new regime.
Despite the urgency surrounding the Section 21 deadline, many of the same compliance problems were still appearing in landlord cases.
Deposit protection failures, incorrect prescribed information, gas safety certificate issues, EPC and How to Rent requirements, and failures relating to the Deregulation Act could all create problems for landlords seeking possession.
The difficulty was that, as the deadline approached, there was often very little time to put matters right.
A problem that might have been repairable in normal circumstances could become much more serious when combined with a statutory deadline. This was one of the key reasons for the sense of panic among some landlords in the final weeks.
Since 1 May, landlords have had to work within the new possession regime, with specific grounds required to regain possession. Ground 1A, which can be used where a landlord intends to sell a property, is one of the grounds now available. However, one of the issues already being seen by Landlord Action is the importance of evidence.
It is not enough for a landlord simply to say that they intend to sell. Having the right documentation in place from the outset can be crucial.
This can include formal estate agent instruction letters, evidence of an intention to sell, deposit compliance and the relevant tenancy and Deregulation Act documentation. The message for landlords is clear: documentation should be considered before possession proceedings begin, not when a case reaches court.
The final Section 21 notices served before abolition also created a significant rush to issue possession claims before the 31 July 2026 transitional deadline.
Landlords with qualifying Section 21 notices expiring around this period faced a limited window in which to start proceedings, adding further pressure to an already stretched court system. Delays receiving claims, administrative bottlenecks and difficulties getting proceedings formally issued were among the practical problems landlords encountered.
Obtaining a possession order is only part of the process, with landlords potentially facing further delays before they can regain control of the property.
Bailiff waiting times remain a significant issue. Depending on the area and the pressure on the local court, landlords can face lengthy waits between obtaining a possession order and actually recovering their property. This is an important point for landlords to understand. A possession order does not necessarily mean that a property will be returned immediately.
The longer the process takes, the greater the potential financial impact for a landlord who is dealing with rent arrears, mortgage payments and other property costs.
The end of Section 21 has underlined the importance of preparation. Landlords need to understand the possession grounds available to them, keep their compliance records up to date and ensure they have the evidence needed to support any future claim.
As the new regime beds in, getting the basics right from the outset will be increasingly important.
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