Challenging a section 21 notice in court

Housing associations can still give section 21 notices to some tenants.

More on eviction of housing association starter tenants.

Is your private landlord too late to go to court?

Your landlord cannot apply for an eviction order after 31 July 2026.

Some landlords have to apply before this date. It depends on when they gave you the notice.

Get free legal advice if you get a letter from the court.

Table: Latest date your landlord can apply for an eviction order

Check if your notice is valid

The court can stop your eviction if your section 21 notice is not valid.

Not valid means there is a problem with the notice.

For example, if your landlord:

• gave it on or after 1 May 2026

• did not use Form 6A

• gave you less than 2 months' notice

• gave you notice in the first 4 months of your tenancy

Check the court forms

Keep all your papers from the court together in a file.

The forms help you work out which eviction process your landlord is using.

It could be either the:

• accelerated procedure

• standard procedure

The main difference is you may not have a court hearing with the accelerated procedure.

Accelerated procedure

The court sends you these forms:

• N5B claim form

• N11B defence form

It is important to return your defence form if either:

• you think the section 21 is not valid

• you need a short delay in the eviction process

Standard procedure

The court sends you these forms:

• N5 claim form

• N11R defence form

Prepare for the hearing if there is one

You should take these things with you:

• your tenancy agreement

• your section 21 notice

• court letter and defence form

• proof that you paid a deposit if it is not protected

You might also need to:

• book time off work

• arrange childcare

• ask someone to pick up your children from school

• think about travel time or parking at the court

If you need an interpreter

You can get a free interpreter for the hearing if either:

• you do not understand English

• you're Deaf and use British Sign Language (BSL)

You can also ask the judge to let a friend or family member explain what the judge says in your own language.

If you cannot find legal help before the hearing

You should still go to your court hearing.

You can usually speak to a court duty adviser before you see the judge.

Your court hearing

Your hearing is usually at your local county court.

You should:

• get there at least 30 minutes early

• ask for the court usher

• wait to see the judge

A court usher tells you where to go and what to do. Ask them about the court duty adviser.

The judge will usually either:

• make an eviction order if the section 21 notice is valid

• say you can stay in your home if the section 21 notice is not valid

If the judge says you must be evicted

The judge sets a 'possession date' on the eviction order.

This date is usually 2 weeks from when the order is made.

You can ask for up to 6 weeks if it would cause you 'exceptional hardship' to leave before this.

For example, if you are disabled or have serious health problems and would be homeless.

If you do not leave by the date on the order

Your landlord can ask court bailiffs to evict you.

It may be a few weeks before the bailiffs write to you with an eviction date.

Bailiffs must give you at least 2 weeks' notice of when they will evict you.

Find out what happens on the eviction date.

Who pays the costs of eviction?

If the court makes an eviction order, you usually have to pay your landlord's court fees.

You might have to pay some or all of their legal costs.

This could be several hundred pounds. But you can pay it in instalments if you cannot pay this all at once.