Keep legacy notice evidence together
Store notice copies, deadlines, safety documents, deposit records, and service evidence by property. Plans start from 99p.
Section 21 Legacy Evidence Checklist England
This page applies to private rented property in England. It is practical recordkeeping guidance, not legal advice.
Section 21 is no longer available for new notices. The last date for starting proceedings using a valid Section 21 notice served before 1 May 2026 was 31 July 2026. That date has passed. This checklist is for organising historical evidence, including records for cases started in time that remain in progress.
Current position: the application deadline has passed
You cannot start a new possession claim using a pre-1 May 2026 Section 21 notice. GOV.UK says a claim requested on or before 31 July 2026 may continue until the proceedings conclude. Keep the court's records and obtain advice about your particular case.
Quick Answer
First establish whether proceedings were started in time. Find the court application and claim records, the served notice and the evidence of service. Ask a qualified adviser to review any uncertainty about the case or deadlines.
If no application was made in time, the old notice cannot now be used to begin a Section 21 claim. Consult the current government possession guidance and obtain advice on any next steps. This page does not select a possession ground or assess whether a claim will succeed.
Historical evidence checklist for an existing case
- Find the court application, claim number and records showing when the claim was requested. Keep any orders and correspondence together.
- Confirm the notice was given before 1 May 2026 and keep the served notice copy.
- Check the tenancy was eligible and at least 4 months had passed since the tenancy started when the notice was given.
- Confirm the notice gave at least 2 months' notice and used Form 6A or equivalent prescribed information.
- Check the deposit was protected and required deposit information was given.
- Check the tenant had the gas safety record, EPC, and correct historic How to Rent guide where required for that legacy notice.
- Check no relevant council improvement notice, emergency remedial action notice, or prohibited payment issue blocks reliance on the notice.
- Record the actual case status, directions and any future court dates from your court documents. Ask an adviser before taking action if the position is unclear.
Evidence To Keep
- Copy of the Section 21 notice and service evidence.
- Certificate of service or delivery evidence, such as N215, email records, or signed acknowledgement.
- Deposit protection certificate and prescribed information evidence.
- Gas safety record where the property has gas.
- EPC and evidence it was provided.
- Historic How to Rent guide version supplied for the tenancy or renewal, where relevant.
- Council correspondence about improvement notices or emergency remedial action.
- Prohibited payment refund or accounting evidence if any issue arose.
Common Mistakes
Treating Section 21 As Still Available
Section 21 was removed from 1 May 2026. This page is only for legacy notices already given before that date.
Assuming an old notice can start a new claim
31 July 2026 was the final application date, subject to the notice's earlier expiry. It is now too late to begin a Section 21 claim using that notice. Existing proceedings and a new possession process are different situations.
Checking The Notice But Not The Evidence
A notice file also needs deposit, document, safety, and service evidence. A clean copy of the notice is not enough by itself.
Ignoring Repair Or Council Notice History
Improvement notices, emergency remedial action notices, and repair-related history can affect the position. Flag these for professional advice.
Where RentPilot Fits
Use landlord compliance software to keep historical notice copies, safety documents, deposit evidence and case notes linked to the correct property. Software does not assess the validity of a claim or replace legal advice.
Sources Reviewed
- GOV.UK evicting tenants in England.
- GOV.UK giving notice of possession to tenants before 1 May 2026.
- GOV.UK Renters' Rights Act Information Sheet 2026.
FAQ
Can I Serve A New Section 21 Notice Now?
No. GOV.UK says Section 21 evictions have been removed for existing and new tenancies from 1 May 2026.
What Is This Checklist For?
It is for landlords organising historical records, particularly where a claim based on a pre-1 May 2026 notice was started by 31 July 2026 and proceedings have not yet concluded.
Can I use an old notice if I have not applied to court?
No. GOV.UK says the final application deadline was 31 July 2026. Keep the records and obtain advice about the current possession process rather than trying to reuse a Section 21 notice.
Does This Replace Legal Advice?
No. Possession action is high-risk and fact-specific. This page is only an operational checklist for organising evidence.
Next Step
Add legacy notice evidence to your landlord compliance checklist for England, then use RentPilot compliance tracking to keep the notice, deadline, documents, and proof of service together.
Next steps
Landlord Compliance Hub (England)
Use the main hub for recurring compliance tasks and evidence records.
Deposit Prescribed Information Checklist England
Check deposit evidence that may sit inside a legacy notice file.
What Documents Must Landlords Give Tenants?
Review tenant document evidence linked to possession-readiness records.
Landlord Compliance Software for England
Use RentPilot to keep notice evidence, deadlines, and property records organised.
Last updated: 2026-10-17 | Last reviewed: 2026-10-17
How RentPilot helps
Track certificate expiry dates, store property documents, manage maintenance tasks, and keep notes and attachments per property to stay organised across multiple properties.
Keep legacy notice evidence together
Store notice copies, deadlines, safety documents, deposit records, and service evidence by property.