What is the difference between a Section 21 and a Section 8 eviction notice?

Full answer

Section 21 and Section 8 notices are the two routes landlords in England have traditionally used to seek possession of a rented property from an assured shorthold tenant, and understanding the differences (and the major reform underway) matters for both landlords and tenants. **Section 21 -- the "no fault" route** A Section 21 notice allows a landlord to seek possession without providing any specific reason -- often called a "no fault" eviction. Historically, a landlord could serve a Section 21 notice once any fixed term had ended (or, in some circumstances, during a fixed term if the tenancy agreement allows it), giving at least two months' notice, provided various legal prerequisites are met: the deposit was properly protected in a government-approved scheme within the required timeframe, the tenant was given prescribed information (including an EPC, gas safety certificate, and the "How to Rent" guide), and no relevant restrictions apply (such as unlicensed HMO status, or the property having outstanding improvement notices). **Section 8 -- grounds-based eviction** A Section 8 notice requires the landlord to specify one or more legal "grounds" for possession, set out in the Housing Act 1988, and provide evidence supporting the relevant ground(s). Common grounds include rent arrears (Ground 8 for serious arrears is mandatory, meaning the court must grant possession if proven at both notice service and the court hearing), breach of tenancy terms, anti-social behaviour, or the landlord wanting to sell or move back into the property (though these latter grounds typically require specific conditions to be met, such as having given notice of this possibility at the start of the tenancy for some grounds). **Mandatory vs discretionary grounds under Section 8** Section 8 grounds are split into mandatory grounds (where the court MUST grant possession if the landlord proves the ground applies, such as significant rent arrears) and discretionary grounds (where the court has discretion whether to grant possession even if the ground is proven, considering factors like reasonableness) -- this distinction significantly affects how confident a landlord can be of success when relying on a particular ground. **Notice periods differ by ground** Unlike Section 21's standard two-month notice period, Section 8 notice periods vary depending on which ground is being relied upon -- serious rent arrears grounds can, in some cases, require as little as two weeks' notice, while other grounds require longer periods, so the specific ground used affects how quickly a landlord can proceed to court. **The Renters' Rights Act 2024 -- abolishing Section 21** The Renters' Rights Act 2024 (progressively being implemented) abolishes Section 21 "no fault" evictions entirely, moving all tenancies to a single system of periodic tenancies without fixed terms, meaning landlords will need to rely on Section 8-style specified grounds for possession in essentially all cases going forward. New and expanded grounds have been introduced or strengthened as part of this reform (for example, around landlords wanting to sell or move back in), but the fundamental shift removes the "no fault" option that Section 21 previously provided. **Why this matters for landlords and tenants right now** During the transition period as the Renters' Rights Act reforms are phased in, it's important for both landlords and tenants to check the current, up-to-date position on gov.uk, since the rules governing which notice type is available, the required notice periods, and the specific grounds available are actively changing as the reform is implemented in stages. **Court process is required either way** In both cases, if the tenant doesn't leave voluntarily after a valid notice expires, the landlord must apply to court for a possession order (and, if still not vacated, a warrant for eviction enforced by bailiffs) -- neither a Section 21 nor a Section 8 notice by itself gives the landlord the right to forcibly remove a tenant or change the locks without a court order. **Practical tip** Given the Renters' Rights Act reforms are actively changing this area of law, both landlords considering seeking possession and tenants who've received a notice should check the current gov.uk guidance or seek specialist advice (such as from Shelter or a solicitor) to understand exactly which rules apply at the specific point in the transition the relevant tenancy has reached.

Try the calculator

More answers

• What are the rules for protecting a tenant's deposit in the UK?