Section 21 vs. Section 8 Notice: Key Differences for Landlords

Section 21 vs. Section 8 Notice

Evicting a tenant is never something a landlord looks forward to, but sometimes it’s a necessary step in protecting your investment. Whether it’s due to unpaid rent, breaches of the tenancy agreement, or simply wanting your property back, understanding the legal routes available to you is crucial.

In England and Wales, landlords generally have two main legal options for possession of their rental property: the section 21 notice and the section 8 notice. Both serve different purposes, have unique processes, and carry distinct legal requirements.

In this article, we’ll unpack the key differences between a section 21 notice and a section 8 notice, helping landlords like you choose the right route depending on your situation. Plus, we’ll share insights from first 4 landlord advice, trusted eviction specialists who support landlords throughout the eviction process.

What is a Section 21 Notice?

A section 21 notice, often referred to simply as an s21 notice, is a type of eviction notice that allows landlords to repossess their property at the end of a tenancy without having to provide a reason. It’s commonly used for Assured Shorthold Tenancies (ASTs) and is sometimes described as a “no-fault eviction“.

The beauty of a section 21 notice is that you don’t need to prove any wrongdoing on the part of the tenant. This route can be particularly helpful when you simply want to sell the property, move back in, or make substantial changes to the property.

Requirements for a Valid Section 21 Notice

While you don’t need to give a reason to serve a section 21 notice, there are still several legal boxes to tick to ensure it’s valid:

You must give the tenant at least two months’ notice.
The notice can’t expire before the end of the fixed term unless there’s a break clause.
You must have provided the tenant with a valid Energy Performance Certificate (EPC), Gas Safety Certificate, and the ‘How to Rent’ guide.
The tenant’s deposit must be protected in a government-approved scheme, and the prescribed information must be provided within 30 days of receiving the deposit.

Failure to meet these requirements will likely render the notice invalid, delaying the eviction process.

What is a Section 8 Notice?

A section 8 is used when a tenant has breached the terms of their tenancy agreement. This notice requires you to specify the grounds for possession, which are laid out in Schedule 2 of the Housing Act 1988.

This route is typically taken when tenants have fallen behind on rent, damaged the property, or displayed anti-social behaviour. Unlike a section 21 notice, a section 8 notice puts the onus on the landlord to prove the tenant has broken the agreement.

Common Grounds for a Section 8 Notice

Some of the most commonly cited grounds for serving a section 8 notice include:

Ground 8: Rent arrears of at least two months (mandatory ground)
Ground 10: Some rent is unpaid at the time of serving the notice and at the court hearing (discretionary)
Ground 11: The tenant is consistently late in paying rent (discretionary)
Ground 12: Breach of tenancy agreement
Ground 14: Anti-social behaviour

Depending on the ground(s) you use, the required notice period can vary—from as little as 14 days to up to two months.

The Key Differences Between Section 21 and Section 8

Now that we’ve covered the basics of each notice, let’s dive into their core differences. Knowing these distinctions can save you from costly mistakes and delays.

1. Reason for Eviction

The most notable difference is the reason for eviction.

A section 21 doesn’t require a reason. You can evict a tenant simply because you want your property back.
A section 8 notice must be based on specific legal grounds, such as rent arrears or damage to the property.

This distinction is important, especially if the tenant has done nothing wrong—you may prefer to use section 21 in such cases.

2. Notice Periods

With a section 21 notice, you must give at least two months’ notice.
With a section 8 notice, the notice period depends on the ground used and can be as short as 14 days for serious breaches.

In cases of significant rent arrears or anti-social behaviour, landlords often opt for section 8 to act quickly.

3. Court Proceedings

If a tenant doesn’t leave after the notice period, you’ll need to go to court:

For s21 notice, it’s generally a quicker, more straightforward process—provided all documentation is correct.
For section 8, you must prove the grounds for eviction in court, which can be more complex and time-consuming.

That’s where tenant eviction specialists like First 4 Landlord Advice come in. They’ll help you navigate these complexities to avoid costly delays.

4. Serving the Notice

The forms differ:

For section 21, you use Form 6A.
For section 8, you use Form 3, specifying the exact grounds for eviction.

Incorrect forms or dates can invalidate your notice, so getting professional help from an eviction specialist UK is always wise.

5. Tenant Response

A tenant receiving a section 21 notice may accept it and leave, as it’s not accusatory.
A section 8 notice can feel more confrontational, often leading tenants to challenge the grounds in court.

This is an important emotional and strategic factor to consider.

When Should You Use Section 21?

You should use a section 21 notice when:

You simply want the property back (e.g., to sell, move in, or change tenants).
The tenancy is at or nearing the end of its fixed term.
The tenant hasn’t breached the agreement but you still wish to regain possession.

It’s the smoother, safer route when there’s no serious issue with the tenant. However, timing is everything, and all documentation must be in order.

When Should You Use Section 8?

You should consider a section 8 notice when:

The tenant is seriously behind on rent.
There are damages to the property.
The tenant is engaging in anti-social or illegal behaviour.
You have solid proof of a breach of contract.

Although it can be a more confrontational route, it’s sometimes the only viable option when a tenant’s behaviour is causing harm to your property or other tenants.

Can You Use Both Notices Together?

Yes, you can serve both a section 21 and a section 8 notice simultaneously. This dual strategy is often used as a backup plan.

If the section 8 case fails in court, you may still proceed with the section 21 route provided it’s valid. It’s a strategic move many experienced landlords and eviction specialists recommend.

Common Mistakes Landlords Make

When evicting a tenant, there are several pitfalls that can derail your case:

Serving the wrong notice or using an outdated form.
Incorrect notice periods, especially when laws change.
Failing to provide required documentation (like gas safety or EPC certificates).
Not protecting the deposit properly or on time.
Not keeping evidence of tenant breaches for section 8 cases.

The smallest error can invalidate your case, forcing you to start all over again. That’s why many landlords turn to trusted tenant eviction specialists like first 4 landlord advice, who guide you through the process and handle the legal heavy lifting.

Reforms and Future Changes

It’s worth noting that the UK government has long discussed abolishing section 21 as part of rental reform. If that happens, section 8 notices may become the default method for regaining possession.

While the changes haven’t taken effect yet, staying informed is vital. Eviction specialist UK services keep their finger on the pulse and can advise you based on current legislation and upcoming changes.

Final Thoughts

Understanding the key differences between a section 21 eviction notice and a section 8 eviction notice is essential for any landlord managing a rental property in England or Wales.

If you need your property back and there’s no tenant fault involved, a section 21 notice is likely your best option.
If the tenant has breached the agreement, a section 8 notice backed by evidence can fast-track the eviction process.
In some cases, using both notices together can provide extra protection and flexibility.

Still, these processes are legally sensitive and prone to error if you’re not meticulous. Whether it’s identifying the right grounds or ensuring you’ve met all legal requirements, expert guidance can make all the difference.

If you’re unsure which notice to use or need help evicting a tenant, contact first 4 landlord advice—the UK’s trusted tenant eviction specialists—for straightforward, effective solutions tailored to your situation.