What is a Section 21 notice?
A Section 21 notice is a no-fault route you can use to seek possession of a property let under an assured shorthold tenancy. It allows you to pursue possession without having to prove that your tenant has done anything wrong, provided the notice has been served correctly and all legal preconditions have been met.
You can serve a Section 21 notice during a fixed-term tenancy or once the tenancy has become a periodic tenancy, including a contractual periodic tenancy, as long as you give the correct notice period and the tenancy started in compliance with the legal requirements.
However, serving a Section 21 notice does not end the tenancy legally. The tenancy only comes to an end when:
- Your tenant leaves the property voluntarily, or
- A court order is granted and, if necessary, enforced.
If your tenant refuses to leave, you must continue through the court system to regain possession lawfully.
Can a landlord evict tenants themselves?
Even where your Section 21 notice has expired, you have no legal authority to remove your tenant without a court order. The tenancy continues legally until possession is granted by the court and, where necessary, enforced by authorised officers. You must not attempt to take matters into your own hands, regardless of how long your tenant has remained in the property.
You cannot:
- Change the locks or restrict your tenant’s access to the property.
- Remove or interfere with your tenant’s belongings.
- Cut off or interfere with utilities such as gas, electricity or water.
- Harass, intimidate or pressure your tenant to leave.
Taking any of these steps can amount to illegal eviction, which is a criminal offence. Local authorities have enforcement powers and can prosecute you, impose substantial fines and, in serious cases, pursue further action. Your tenant may also bring a civil claim for compensation, including claims for unlawful eviction, harassment and loss of accommodation.
The only lawful way for you to evict a tenant who refuses to leave after a Section 21 notice has expired is to follow the court process, obtain a possession order, and, if required, enforce that order through county court bailiffs or authorised enforcement officers. Acting outside this process exposes you to unnecessary legal and financial risk.
What happens when a tenant refuses to leave?
When your tenant refuses to leave after a Section 21 notice expires, you have no automatic right to regain possession of the property. At this point, the tenancy continues legally, and you must apply to the county court for a possession order. Until a court order is granted and, where required, enforced, your tenant remains entitled to occupy the property.
To move matters forward, you must issue a possession claim through the court system. The court will then consider whether your Section 21 notice was served correctly, whether you have complied with all statutory requirements and whether you are entitled to regain possession of the property.
You have two possible routes available:
- The accelerated possession procedure, which you would usually use if you are relying solely on the Section 21 notice and you are not seeking to recover rent arrears. This route is largely paper-based and may proceed without a court hearing, although a hearing can still be listed if your tenant files a defence or the court requires further clarification.
- The standard possession procedure, which you must use if you are also claiming unpaid rent or outstanding rent, or where the accelerated procedure is not appropriate. This route always involves a court hearing, allowing the judge to consider evidence from both you and your tenant before deciding whether to grant a possession order.
The correct route depends on the terms of your tenancy agreement, the tenancy period and the nature of the tenancy - for example, whether it began as a fixed term tenancy or has since become a periodic tenancy. It also depends on whether you are pursuing additional claims alongside possession. Choosing the wrong procedure can cause delay or result in your possession claim being rejected, which is why early, landlord-focused advice is often necessary when a tenant refuses to leave.
Using the accelerated possession procedure
You will usually use the accelerated possession procedure where:
- You are relying solely on a Section 21 notice.
- You are not making a claim for rent arrears.
- Your paperwork is complete, accurate and fully compliant.
This procedure is designed to streamline the court process and, in many cases, avoids an automatic court hearing. However, a hearing can still be listed if your tenant files a defence or if the court requires clarification on any aspect of your application.
To start the accelerated procedure, you must submit a claim form to the county court, together with supporting documents, including:
- A copy of the Section 21 notice you served.
- The original tenancy agreement.
- Evidence showing that the notice was served correctly.
- Proof that you have complied with all legal requirements, including protection of the tenancy deposit, use of an approved deposit scheme, and provision of the gas safety certificate, energy performance certificate and all prescribed information.
If the court accepts that your paperwork is in order and that the Section 21 notice is valid, it may grant a possession order without the need for a hearing.
When a court hearing is required
A court hearing may be listed if:
- Your tenant files a defence.
- Your tenant alleges that the notice is invalid.
- There is a dispute about compliance with the legal requirements.
- The court requires clarification on any aspect of your claim.
At the court hearing, the judge will review the documents you have submitted and any witness statement filed by you or your tenant. If the court is satisfied that your Section 21 notice is valid and that you have followed the correct legal process, a possession order will usually be granted.
The standard possession procedure
You will need to use the standard possession procedure where:
- You are claiming rent arrears or unpaid rent.
- You are relying on additional grounds for possession.
- The accelerated procedure is not appropriate for your case.
This route always involves a court hearing. You must submit a possession claim using the required claim form, attend the hearing and present evidence to support your application for possession.
Where rent arrears form part of your claim, the court may also make a money judgment against your tenant in addition to granting a possession order.
How long does it take to evict a tenant who refuses to leave?
The time it takes for you to evict a tenant who refuses to leave after a Section 21 notice has expired can vary considerably. Timescales depend on factors such as court availability, how your tenant responds to the proceedings, and whether enforcement is challenged or delayed. The court system is often under pressure, and even straightforward cases can take longer than you may expect.
In broad terms, you can expect the process to unfold as follows:
- Serving the Section 21 notice: in most cases, you must give two months’ notice before you can begin any court action.
- Issuing the possession claim: once the notice period has expired and your tenant remains in occupation, you can apply to the court.
- Court processing time: the court will review your claim and, depending on the route used, either consider the paperwork or list a hearing. This stage can take several weeks or, in some areas, several months.
- Possession order granted: if your claim succeeds, the court will usually order your tenant to leave within 14 days. The judge may allow a later date if your tenant can demonstrate exceptional hardship.
- Enforcement by bailiffs: if your tenant still refuses to leave, further time is required to secure an eviction date through the bailiff service, which can add additional weeks to the process.
In practice, once your tenant refuses to leave, you should plan for the eviction process to take several months from start to finish. Delays are common, particularly where a tenant defends the claim or where enforcement capacity is limited, which is why early, informed action can help you avoid unnecessary extensions to the process.
What if the tenant still refuses after a possession order?
If your tenant still refuses to leave after a possession order has been granted, you cannot take any direct action yourself. At this stage, you must apply to the court for enforcement so that the eviction can be carried out lawfully.
This involves requesting:
- An eviction warrant, which authorises the removal of the tenant, and
- Attendance by a county court bailiff or court bailiffs to enforce the order.
Only court-appointed bailiffs or authorised enforcement officers are permitted to carry out an eviction. Once an eviction date is set, the bailiff will attend the property, require the tenant to leave and formally return possession of the property to you. Until this takes place, the tenant remains entitled to occupy the property, even though a possession order is in force.
In some situations, you may be able to apply to transfer enforcement to the High Court for faster action. This can reduce waiting times, but it does involve additional cost and requires the court’s permission.
Common reasons Section 21 claims fail
Your possession claim can fail if the Section 21 notice is not valid. The court will closely examine whether you have complied with all legal requirements before allowing you to regain possession. Even minor errors can prevent the claim from progressing.
Common reasons Section 21 claims fail include:
- You did not protect the tenancy deposit correctly or within the required time limits.
- You failed to serve the prescribed information relating to the deposit.
- The gas safety certificate was missing, served late or not provided before the tenancy started.
- You did not provide a valid energy performance certificate to the tenant.
- You gave an incorrect notice period.
- Errors were made when serving notice, or you cannot prove service.
- The notice contains incorrect dates or defective wording.
- You did not provide the tenant with the current How to Rent guide.
If any of these issues apply, the court is likely to dismiss your possession claim. This means you must correct the issue, serve a new notice where possible and restart the process from the beginning, causing further delay and additional cost. Reviewing your paperwork before issuing proceedings can reduce the risk of avoidable setbacks when you are seeking possession.
The upcoming abolishment of Section 21 evictions
The Renters Rights Act will abolish Section 21 entirely, removing the no-fault route you may have relied upon to regain possession at the end of a tenancy. Once the legislation is fully in force, you will no longer be able to serve a Section 21 notice, regardless of how long the tenancy has been in place or whether your tenant has complied with the tenancy agreement.
Instead, all possession cases will proceed through Section 8 and grounds based evictions. This means you will need to demonstrate a recognised statutory ground to regain possession of your property. This change represents a fundamental shift in how possession is obtained within the private rented sector and places greater emphasis on evidence, compliance and correct use of the court system.
Once the Act takes effect:
- No fault evictions will no longer be available, removing your ability to regain possession without proving a specific reason.
- All possession claims will rely on statutory grounds, such as rent arrears, breach of tenancy obligations, selling the property, or you or a close family member moving in.
- Notice periods will increase in most cases, extending the time you must wait before issuing court proceedings.
- The eviction process will become more structured and court-driven, with a stronger focus on procedural accuracy, documentation and judicial oversight.
If you currently rely on Section 21 as part of your possession strategy, this change requires forward planning. Reviewing your tenancy agreements, understanding the revised grounds for possession and preparing for longer notice periods will help you reduce disruption and financial risk. AST Assistance advises you on how to adapt to the post-Section 21 landscape, including identifying suitable replacement possession routes and adjusting your tenancy management practices to align with the new legal framework.
How AST Assistance helps landlords regain possession
AST Assistance works exclusively with landlords in the private rented sector and understands the commercial and legal pressures you face when a tenant refuses to leave. Regaining possession is rarely straightforward, and any error can lead to delay, additional cost or enforcement risk. Our role is to give you clear, decisive guidance so you can progress possession with confidence and avoid unnecessary setbacks.
You receive practical, landlord-focused support at every stage, including:
- Drafting and serving Section 21 notices correctly to avoid invalidation.
- Reviewing your tenancy agreement and compliance position before proceedings begin.
- Issuing and managing possession claims through the court system.
- Advising you on whether to use the accelerated procedure or the standard possession procedure.
- Preparing accurate claim forms and supporting witness statements.
- Guiding you through court hearings and judicial requirements.
- Enforcing possession orders, including working with court bailiffs and authorised enforcement officers.
- Managing rent arrears alongside possession where unpaid rent remains an issue.
When a tenant refuses to leave, early, specialist advice helps you reduce delay, control costs and limit enforcement risk. AST Assistance supports you through the full eviction process, from the first notice through to lawful enforcement, and advises on how upcoming changes under the Renters Rights Act will affect your future possession strategy.
If you are dealing with a tenant refusing to leave after a Section 21 notice, or you want to confirm that your approach is legally sound, AST Assistance is here to help. Call 01706 619954 for landlord-focused advice, or use our online contact form to request a call back at a time that suits you.
