Redbridge Section 21 and Unlicensed Property: What Landlords Need to Know

The Link Between Licensing and Section 21

Before 1 May 2026, landlords who let a property without the correct licence in Redbridge could not serve a valid Section 21 "no-fault" eviction notice. The restriction applied across all three licensing regimes — selective, additional HMO, and mandatory HMO. A landlord who tried to serve Section 21 while unlicensed risked the notice being struck out at court, leaving them unable to recover possession.

That restriction mattered because Redbridge runs one of the most extensive licensing frameworks in London. Selective Licensing covers 17 of the borough's 22 wards under Schemes 3 and 4, while additional and mandatory HMO licensing applies borough-wide.

What Changed on 1 May 2026

The Renters' Rights Act 2025 came into force on 1 May 2026 and abolished Section 21 entirely. All existing assured shorthold tenancies converted to open-ended periodic assured tenancies on that date. Landlords can no longer serve Section 21 at all — licensed or not.

This does not mean unlicensed landlords are off the hook. The consequences of letting without a licence in Redbridge remain severe:

• Civil penalties up to £30,000 per offence under the Housing Act 2004
• Rent Repayment Orders of up to 24 months' rent for offences committed on or after 1 May 2026 (doubled from the previous 12-month cap)
• Criminal prosecution with an unlimited fine on conviction
• Entry on the Database of Rogue Landlords and a potential Banning Order

How Landlords Can Now Recover Possession

Under the Renters' Rights Act, landlords who need to end a tenancy must use the revised Section 8 grounds. The main grounds relevant to Redbridge landlords include:

• Ground 1 — the landlord or a close family member intends to move into the property; possession cannot be required before the tenancy reaches 12 months
• Ground 1A — the landlord intends to sell the property; possession cannot be required before the tenancy reaches 12 months
• Ground 8 — serious rent arrears; mandatory if at least three months' rent (or 13 weeks' rent for weekly or fortnightly payments) is owed both when notice is given and at the hearing
• Grounds 10 and 11 — any rent arrears, or persistent late payment; these are discretionary grounds

Grounds 1 and 1A each require four months' notice. Grounds 8, 10, and 11 each require four weeks' notice. If the tenant does not leave, the landlord must prove the ground in court.

Why Licensing Still Matters for Possession Claims

Although Section 21 is gone, an unlicensed status still carries separate consequences. Tenants or the council can apply to the First-tier Tribunal for a Rent Repayment Order for a qualifying licensing offence; this is separate from the court's decision on a Section 8 possession claim.

Redbridge tenants are increasingly aware of these rights. Forum discussions on r/TenantsInTheUK and Citizens Advice referrals show tenants actively checking the public register to verify whether their landlord holds a valid licence.

What to Do If Your Property Is Currently Unlicensed

If you have been letting a Redbridge property without a licence, submitting a complete and valid application establishes a statutory defence against the criminal offence of operating unlicensed under Section 72 or Section 95 of the Housing Act 2004. The defence applies while the council processes your application.

The steps to take immediately:

1. Check which licence your property requires — selective, additional HMO, or mandatory HMO
2. Gather the mandatory documents (gas safety record, EICR, EPC, floor plans)
3. Complete and submit the application through the Redbridge online portal within the 28-day window
4. Pay the Part A fee to make the application "duly made"

The Redbridge Landlord Licensing Guide walks through each stage of the application with the exact documents, fees, and portal steps for all three licensing regimes, so you can get your application submitted correctly the first time.

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