Applying to court after serving a Section 21

Last reviewed 1 May 2024

Introduction

Once the notice period for a Section 21 notice has expired, most tenants will have moved out and you will be free to relet the property. In some cases the tenant will remains in the property though; in those cases your next step is likely to be applying to court for a possession order.

For most landlords this will mean applying to court under the accelerated possession procedure. The accelerated possession procedure is fairly straightforward and inexpensive and does not normally involve a court hearing. The court will make its decision by looking at the documents that the landlord and tenant provide to decide whether to grant/reject a possession order or to call a hearing if further investigation is warranted.

When can I apply for a possession order using accelerated possession?

As of 1st May 2026, it is no longer possible to serve a valid Section 21 notice, but it is still possible to apply to court if you served a valid Section 21 notice before that date and it has not yet run out. The last possible date for applications to court is 31st July 2026.

If you have served notice on or after 1st May 2026, then you should consult our guidance on ending a periodic assured tenancy instead. 

If you served a Section 21 notice before 1st May, then you can check whether the notice is valid using our guidance here. 

If you did serve a Section 21 notice, and it is has not run out yet, then you can apply for a possession order using accelerated possession using the guidance on this page. 

You will need to fill out an N5B form if you wish to seek a possession order using the accelerated possession route. Please note there are two different N5B forms - one for England and one for Wales so it's important to use the right one.