Havering Section 21 Notice Without a Licence: Why It Won't Work

The Licence-Possession Link

Section 21 notices are no longer available for new possession claims. Before 1 May 2026, if your Havering property needed a selective or HMO licence and you had neither a valid licence nor a duly made application, the Housing Act 2004 barred a Section 21 notice. The transition deadline for starting court proceedings on pre-change notices has now passed.

Before the Renters' Rights Act transition, this prevented unlicensed landlords from using the Section 21 route. Licensing still matters because an unlicensed property can expose the landlord to penalties and rent repayment orders.

What the Law Says

Before 1 May 2026, Sections 75 and 98 of the Housing Act 2004 barred Section 21 notices while an HMO or selective property required a licence but remained unlicensed. A valid licence or duly made application lifted that restriction. The Renters' Rights Act 2025 ended the Section 21 route from 1 May 2026, and pre-change notices could only be used to start court proceedings by the earlier of their expiry date or 31 July 2026.

Under the pre-1 May 2026 rule, the restriction lifted once a valid licence or duly made application was in place (all required documents uploaded, declarations completed, and Part A paid). That process could delay a notice under the old system. Section 21 notices are now unavailable; current possession claims use Section 8 grounds.

The Section 21 Abolition Context

Section 21 "no fault" evictions were abolished nationwide from 1 May 2026 under the Renters' Rights Act 2025. Existing fixed-term Assured Shorthold Tenancies became periodic assured tenancies. Landlords seeking possession must now rely on current Section 8 grounds. A pre-change Section 21 notice could only be used to start court proceedings by the earlier of its expiry date or 31 July 2026; that deadline has passed.

The old licensing bar applied specifically to Section 21 notices. Licensing remains a separate requirement: operating without a required licence can lead to penalties and rent repayment orders, but the former Section 21 restriction was not a general bar on Section 8 claims.

The Financial Double Hit

Licensing exposure remains even though Section 21 has ended. An unlicensed property can expose the landlord to:

• Civil penalties of up to £40,000 per offence under the Housing Act 2004 as amended from 1 May 2026
• Tenant-initiated Rent Repayment Orders to recover up to 24 months of rent

A tenant who discovers that their landlord lacks a licence can apply for an RRO while defending possession proceedings. The licensing and possession matters are separate proceedings, and an RRO can require repayment of rent.

What to Do

If you're a Havering landlord who needs to serve possession proceedings and doesn't have a licence:

1. Check whether a licence is actually required. Run the property through Havering's address lookup portal and the four-step classification test (occupant count, household count, shared facilities, ward location). If the property is in one of the 13 non-selective wards and doesn't meet HMO criteria, licensing may not apply.

2. If a licence is needed, submit a complete application immediately. "Duly made" status — achieved once all documents are uploaded, declarations completed, and Part A paid — can protect against prosecution for operating without a licence while the council processes the application. It does not replace the requirements for a possession claim.

3. Do not serve a Section 21 notice. No new Section 21 notices can be served. For a current possession claim, check the applicable Section 8 ground and notice requirements.

The Havering Landlord Licensing guide walks through the classification test and the fastest path to a complete application, including the document checklist and portal steps.

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