When a tenancy breaks down or comes to an end, landlords in England and Wales often face a crucial question: “Should I serve a Section 8 or Section 21 notice?” These two types of eviction notices are both legal routes to regain possession of a property, but they serve very different purposes—and choosing the wrong one can lead to delays, court rejections, and unnecessary stress.
In this comprehensive guide, we’ll walk you through the key differences between Section 8 and Section 21 notices, explain when and how each should be used, and help you understand which option is right for your situation.
What Is a Section 21 Notice?
A Section 21 notice is commonly referred to as a “no-fault eviction”. This means that the landlord doesn’t need to give a reason to ask the tenant to leave. It’s used when the landlord simply wants to regain possession of the property—often at the end of a tenancy agreement.
To use a Section 21 notice, the landlord must:
- Ensure the tenant is on an Assured Shorthold Tenancy (AST).
- Serve at least two months’ written notice.
- Wait until the fixed term has ended or serve during a rolling (periodic) tenancy.
- Provide all the legally required documents, such as:
- Energy Performance Certificate (EPC)
- Gas Safety Certificate
- “How to Rent” Guide
- Deposit protection scheme information
Importantly, landlords must be fully compliant with these obligations. If not, the Section 21 notice could be deemed invalid, and the eviction process would have to start over.
This notice is typically used in an accelerated possession procedure, which means landlords can apply for possession without a court hearing, making it a faster option if everything is in order.
What Is a Section 8 Notice?
In contrast, a Section 8 notice is served when the tenant has breached the tenancy agreement. The most common reasons include:
- Rent arrears
- Anti-social behaviour
- Property damage
- Unauthorised occupants
- Late rent payments over several months
With a Section 8 notice, landlords must state which legal grounds they are relying on. These are set out in Schedule 2 of the Housing Act 1988. Some of the most frequently used grounds are:
- Ground 8 – Tenant owes at least two months’ rent at the time of serving and the court hearing.
- Ground 10 – Rent is unpaid, even if it’s less than two months.
- Ground 11 – Persistent delay in paying rent.
Unlike Section 21, Section 8 usually requires a court hearing, where the landlord must prove the breach. This makes it more complex, but it’s often the only option if the tenant is still within the fixed term of the tenancy and has broken its terms.
Section 8 vs Section 21 – What’s the Difference?
Let’s break it down simply:
| Feature | Section 21 Notice | Section 8 Notice |
| Reason Needed | No | Yes – Must prove legal ground (e.g., rent arrears) |
| When to Use | At or after tenancy end | During tenancy for breach of terms |
| Notice Period | Minimum 2 months | 2 weeks to 2 months depending on the ground |
| Court Hearing | Not always (accelerated possession) | Yes – mandatory in most cases |
| Document Compliance | Strict – All landlord obligations must be fulfilled | Less dependent on paperwork, more on tenancy breach |
| Best For | No-fault evictions, regaining property post-tenancy | Problem tenants, rent arrears, or contract breaches |
Which Notice Should Landlords Use?
The right notice depends entirely on your situation:
- If the tenant has not breached the tenancy but you want them to leave after the fixed term, go with a Section 21 notice.
- If the tenant is behind on rent or causing issues, serve a Section 8 notice with the relevant grounds.
In tricky cases, many landlords serve both notices simultaneously. This approach provides a backup—if one route fails, the other may still succeed.
Are There Any Changes Coming?
Yes, and they’re significant. The UK government has announced its intention to abolish Section 21 notices as part of the Renters (Reform) Bill. This means landlords may no longer be able to evict tenants without a reason. Once this takes effect, Section 8 notices will become the only eviction method—making it even more critical for landlords to understand how they work.
Final Thoughts
Eviction is never easy—for landlords or tenants—but it’s sometimes necessary. Understanding the difference between Section 8 and Section 21 notices gives landlords the best chance of recovering their property efficiently and legally. The key is to know when to use each notice, how to serve it properly, and to keep up to date with any changes in the law.
