Lambeth Pending Licence and Section 21: Can You Serve Notice Without a Licence?

One of the sharpest consequences of operating without a Lambeth property licence is what it does to your ability to end a tenancy. Now that Section 21 is abolished for assured shorthold tenancies, the question has shifted — but the licensing gap still creates real problems.

The Old Section 21 Bar

Under the pre-2026 rules, Sections 75 and 98 of the Housing Act 2004 restricted Section 21 notices for unlicensed HMOs and houses subject to selective licensing. The restriction did not apply if a licence application had been duly made or a Temporary Exemption Notice notification was in effect. Many Lambeth landlords discovered the licensing bar after selective licensing expanded across 23 wards.

What Changed Under the Renters' Rights Act

Phase 1 of the Renters' Rights Act took effect on 1 May 2026, abolishing Section 21 for assured shorthold tenancies. New tenancies are periodic assured tenancies from the start, and existing ASTs transition to periodic terms. Landlords now regain possession exclusively through Section 8 grounds — fault-based grounds (rent arrears, antisocial behaviour) and restructured no-fault grounds (the landlord intends to sell, or to move in).

The Section 21 bar no longer applies in the way it once did, because Section 21 itself is no longer available. Licensing remains a separate obligation: an unlicensed landlord may face civil penalties and a rent repayment order application covering up to 24 months of rent for offences committed on or after 1 May 2026.

What "Duly Made" Means for Your Application

A Lambeth licence application is classified as "duly made" when three conditions are all met:

1. All portal declaration fields are completed.
2. All mandatory documents are uploaded (EICR, gas certificate, EPC, floor plan, tenancy agreement, and fire safety evidence where applicable).
3. The Part A processing fee (£717.50 for selective, or the per-room equivalent for HMO) is paid in full.

Once an application is duly made, Sections 72(4) and 95(3) of the Housing Act 2004 provide a statutory defence: you cannot be convicted of operating an unlicensed property while the application is pending determination. Starting a draft, paying the fee without uploading certificates, or just receiving a payment receipt does not satisfy the duly made test.

Protecting Yourself During Council Processing Delays

Lambeth licence applications routinely take months to process. During that period, a duly made application is your legal shield. The key is making sure the application is genuinely complete at the time of submission:

• Upload every required certificate with at least three months of remaining validity.
• Ensure your Land Registry title deed is dated within 28 days of submission.
• Complete all fit and proper person declarations for every named party.
• Pay the full Part A fee — not a partial payment.

Keep the portal confirmation, the payment receipt, and a screenshot or printout of the submitted application. If you need to demonstrate to a court, a letting agent, or a mortgage lender that you have a pending application, these records are what you point to.

The Lambeth Landlord Licensing Guide includes a pre-submission audit checklist that covers every document and declaration needed for a duly made application, so you do not leave gaps that could void the pending protection.

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