Get in touch if you’ve been served an eviction notice
We are advising tenants to check any S.21 notice they have ASAP using Shelter Charity’s ‘Section 21 Validity Checker’ tool, this can be found from a web search or following this link:
LRAction are aware that many Liverpool landlords in the Private Rented Sector (PRS) have served “NO FAULT” (Section 21/S.21) eviction notices on residents in Liverpool and across England, before 1st May 2026. May 1st was the date when the Labour Cabinet finally decided to outlaw them, despite passing legislation some time ago they delayed the “NO FAULT” ban, giving landlords months’ to prepare for the changes and issue these last minute “no fault” evictions, putting all private renters at risk of homelessness.
Governments and local councils have put significant resources into helping landlords to prepare for the changes whilst putting little effort into informing people of their rights and leaving communities to take care of one another. With this, LRAction want to give private tenants clear advice on Section 21 notices:-
- THE DATE ON ANY SECTION 21 NOTICE IS NOT THE DATE YOU SHOULD LEAVE YOUR HOME!
- THE DATE ON THE SECTION 21 NOTICE IS THE DATE THE LANDLORD MAY APPLY TO THE COURT FOR A POSSESSION ORDER (PO)!
- IF YOU LEAVE BEFORE COURT APPOINTED BAILIFFS ATTEND YOU COULD UNWITTINGLY BE MAKING YOURSELF “INTENTIONALLY HOMELESS”!
- IF YOUR LANDLORD HAS ATTEMPTED TO SERVE YOU WITH A S.21 NOTICE FROM 1ST MAY 2026 ONWARDS THIS SHOULD BE IMMEDIATELY THROWN OUT IF THEY ATTEMPT TO APPLY TO COURT TO EVICT YOU. THIS IS ILLEGAL AND THE LANDLORD IS LIABLE TO A FINE, AND/OR PROSECUTION.
S.21 Notices have a 2 month minimum notice period before a landlord or their agent can apply to the court for a PO. Many people in recent receipt of a S.21 notice will be under the impression that they must leave their home on the date stated on the notice, for most people who were served a S.21 just before the Renters Right Act (RRA) came into force this date will be before the end of June 2026. If your landlord has attempted to serve you with a S.21 notice from 1st May 2026 onwards this should be immediately thrown out if they attempt to apply to court to evict you.
Unfortunately, anyone who leaves their home on the date the S.21 notice expires and who has no settled place to stay is likely to be deemed “intentionally homeless”, as they have left their home before it was ordered by the court. Being designated as “intentionally homeless” means that the council may no longer have a duty nor obligation to you should you approach them for emergency housing.
The RRA, means landlords and their agents may no longer have 6 months to apply for a PO. Landlords must now apply to court to evict you within 6 months of the date the notice was served on you or by 31st July 2026, whichever date is the earliest. Should your landlord try to apply to court to evict you under S.21 from 1st August 2026 onwards this claim should be immediately thrown out by the court.
The RRA also means that even if you are subject to a S.21, your landlord and their agent must still legally provide you with the new RRA Information sheet before the end of May 2026. If they fail to do so the local authority has the power to issue fines between £7,000 and £40,000. Please see the government notice in relation to this:
https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
If you believe that your eviction notice is invalid:-
- DO NOT INFORM YOUR LANDLORD
- DO REMAIN IN THE PROPERTY
- DO KEEP UP RENT PAYMENTS IF FINANCIALLY ABLE
- DO GET IN TOUCH WITH US
Wait for the landlord to apply to court for a PO, you will receive a bundle of papers from the court which will include a defence form, if you are unable to find a solicitor before the deadline you should complete this form and include any of the issues you have found which may make the S.21 invalid, if you do not return this form it is possible that the Court will make a PO without a hearing, if this happens seek legal help and advice urgently. Once you have sent in your defence a date for a court hearing will be set, at the court hearing the Judge will look at the information you have provided and will hear your landlords case, they may make a decision on the day or they could order a further hearing and ask both landlord and tenant to provide further evidence to help them to make their decision.
The Section 21 eviction process including court hearings averages about six months, under normal conditions. This is likely to be much longer at his time under the new procedures.
At the time of receiving your notice and before the case has gone to court we encourage you to contact LRAction and we can help you to confirm whether or not your notice is valid before you take any further steps. You are best, if eligible, seeking out a legal-aid housing solicitor or instructing a private housing legal expert if you can afford it. If you cannot get a solicitor prior to the date of the hearing you should attend the hearing early and ask to see the duty solicitor, this is a non-means tested service and you will be helped with checking the notice and claim and speaking to the judge on the day. You can search for your closest legal-aid Housing solicitors on the Law Centres’ Network or follow the links to other local providers below:-
Law Centres’ Network website: https://www.lawcentres.org.uk/get-help
Shelter Merseyside Website: https://england.shelter.org.uk/get_help/local_services/merseyside
James Murray Solicitors (Liverpool Duty Solicitors) website: https://jamesmurraylaw.com/our-services/housing/
Email address for Wirral and Cheshire cases: Merseyside Lawstop
However, if at court the Judge sees the S.21 notice as “valid” then they will issue a ‘Possession Order’ (PO) with a date to vacate. It is important therefore to ensure you do have legal representation for the hearing to ensure a legal expert defending you can make any argument to postpone or invalidate the Section 21 eviction notice, if you intend to stay past the date on it.
The date on the PO also is not the date you should self-evict, and, if you do, the local authority is likely to deem you “Intentionally Homeless”.
The date on the PO is the date the landlord or agent can apply again to the court for a “Warrant for Possession”. The Judge must issue a warrant at a date after this, normally two weeks after the warrant is granted, on that date county court or high court bailiffs can attend to enforce (execute the warrant).
- ONLY COURT APPOINTED BAILIFFS CAN LEGALLY ENFORCE AN EVICTION.
- LANDLORDS, AGENTS, NOR PRIVATE FIRMS MASQUERADING AS “ENFORCEMENT OFFICERS” OR OTHER SECURITY-ARMOUR-CLAD PEOPLE MAY INSTRUCT YOU TO LEAVE YOUR HOME AT ANY POINT DURING THE SECTION 21 EVICTION PROCESS.
- ONLY HIGH COURT BAILIFFS CAN FORCIBLY ENTER OR ATTEMPT TO REMOVE YOU FROM YOUR PROPERTY, COUNTY COURT BAILIFFS SHOULD, IF ASKED, LEAVE THE PREMISES IF YOU REFUSE ENTRY OR REFUSE TO LEAVE. If you feel comfortable you do have the right to call the police if anyone, including your landlord or a bailiff, causes criminal damage (e.g. trying to break into the property), harms you or makes you feel threatened.
- IF YOU ARE EVICTED BY COURT APPOINTED BAILIFFS ANY BELONGINGS LEFT IN THE PROPERTY MUST BE PROTECTED BY THE LANDLORD FOR 30 DAYS AND THEY MUST CO–OPERATE TO ALLOW YOU ACCESS TO RETRIEVE YOUR BELONGINGS.
You should notify your local council housing team regarding your risk of homelessness, if you also think that there are any category 1 or category 2 hazards in your home, as per the Housing Act, then you can also ask for a housing inspection from your local authority, a housing officer or environmental health officer should visit and if any category 1 or 2 hazards are identified then the council have an obligation to serve an improvement order, this should at any future hearing for a PO invalidate the Section 21.
Category 1 hazards are generally where there is a risk to life, Category 2 hazards generally include a risk of injury or in a state of disrepair. You should contact your local authorities PRS housing enforcement team ASAP if you think this is the case and you can reach out to LRAction for support with serious disrepair, particularly where no action is being taken by your landlord. Information for contacting the team at Liverpool City Council is here: