Section 21 vs Section 8 Notices | What Every Landlord Must Know in 2025
When a landlord needs to recover possession of a rented property, understanding the difference between Section 21 vs Section 8 notices is critical. These are the two primary legal routes available for tenant eviction in the UK, and choosing the wrong one — or using it incorrectly — can result in costly delays. This guide explains how each notice works, when to use them, and what enforcement options are available when a tenant refuses to leave.
What Is a Section 21 Notice?
A Section 21 notice — commonly called a ‘no-fault eviction’ — allows a landlord to end an assured shorthold tenancy (AST) without needing to give a reason. It is governed by Section 21 of the Housing Act 1988.
As of 2025, the Section 21 notice form 6a is the prescribed form that must be used for all ASTs in England created on or after 1 October 2015 — and for all ASTs from 1 October 2018 onwards. The form must be completed correctly; any error in the notice can render it invalid.
Key Requirements for a Valid Section 21 Notice
- The tenancy must be an assured shorthold tenancy (AST)
- The landlord must have protected the tenant’s deposit in a government-approved scheme and provided the prescribed information
- An Energy Performance Certificate (EPC) and a gas safety certificate must have been provided
- The government’s ‘How to Rent’ guide must have been given to the tenant
- A minimum of two months’ written notice must be given
- The notice cannot be served within the first four months of the tenancy
- The notice expires within six months of the date it was served (for periodic tenancies, this rule differs)
Important | The Renters’ Rights Bill, progressing through Parliament as of early 2025, proposes the abolition of Section 21 in England. Landlords should monitor developments closely, as this will fundamentally change the eviction process once enacted.
For a full walkthrough of the process, see Shergroup’s guide on the Section 21 eviction process.
What Is a Section 8 Notice?
A Section 8 eviction notice is a fault-based notice served when a tenant has breached the terms of their tenancy agreement. It is served under Section 8 of the Housing Act 1988 and must cite one or more specific legal grounds for possession.
The most common reason landlords use a Section 8 notice is rent arrears — specifically Ground 8, which applies when a tenant is at least two months in arrears (for monthly tenancies). Unlike a Section 21 notice, the landlord must prove their case in court when using a Section 8.
Mandatory vs Discretionary Grounds Under Section 8
Section 8 grounds are split into two categories:
Mandatory Grounds (Grounds 1–8)
If the landlord proves a mandatory ground, the court must grant possession. These include serious rent arrears (Ground 8), the property being required by the landlord for their own use (Ground 1), and properties subject to a mortgage where the lender requires possession (Ground 2).
Discretionary Grounds (Grounds 9–17)
For discretionary grounds, the court weighs up the circumstances and may or may not grant possession. These include persistent late payment of rent (Ground 11), nuisance or anti-social behaviour (Ground 14), and deterioration of the property (Ground 13).
For more information on this process, read Shergroup’s detailed guide on the Section 8 eviction process.
Section 21 vs Section 8 | Key Differences at a Glance
The table below summarises the principal differences between the two notices:
- Feature | Section 21 Notice vs Section 8 Notice
- Type | No-fault vs Fault-based
- Grounds required | No vs Yes — must cite specific grounds
- Minimum notice period | 2 months vs 2 weeks to 2 months (varies by ground)
- Court hearing needed | Not automatically — but often required if tenant does not leave vs Yes — almost always
- Tenancy type covered | Assured Shorthold Tenancies only vs Assured and Assured Shorthold Tenancies
- Deposit protection required | Yes — failure invalidates notice vs No direct link
- Risk of failure in court | Lower (if correctly served) vs Higher — depends on evidence presented
When Should You Use a Section 21 or Section 8 Notice?
Choosing between the two notices depends on the circumstances of the tenancy and the landlord’s objectives.
Use a Section 21 Notice When
- You wish to regain possession at the end of the fixed term without giving a reason
- The tenancy is now periodic and you want the tenant to leave
- You want to sell the property or move in yourself
- The tenant has not breached the tenancy but you need the property back
Use a Section 8 Notice When
- The tenant owes significant rent arrears
- The tenant has caused damage to the property
- Anti-social behaviour is causing problems for neighbours or others
- The tenant has sub-let without permission
- You need to act immediately during a fixed term (Section 21 cannot be used during a fixed term until it expires)
Some landlords choose to serve both notices simultaneously to keep all options open. This is legally permissible and can reduce delays if one route encounters a challenge.
How to Serve a Section 21 and Section 8 Notice
Both notices must be served correctly to be valid. Incorrect service is one of the most frequent reasons courts reject possession claims.
- Complete the correct form — Form 6A for Section 21; the prescribed Section 8 notice for Section 8
- Deliver by hand, first-class post, or a documented electronic method if agreed in writing
- Keep a copy and a record of the date and method of service
- Allow the notice period to expire before applying to court for possession
Shergroup’s full guidance on how to serve a Section 21 and Section 8 notice of eviction covers each step in detail.
What Happens After the Notice Period Expires?
If the tenant does not vacate voluntarily after the notice expires, the landlord must apply to court for a possession order. The process differs slightly depending on the route taken.
Section 21 — Accelerated Possession Procedure
Landlords can use the accelerated possession procedure for Section 21 claims. This is a paper-based process that does not usually require a court hearing, making it faster than a standard possession claim. However, a judge can still request a hearing if the case requires it.
Section 8 — Standard Possession Claim
Section 8 possession claims are heard in the county court and almost always involve a hearing. The landlord must present evidence to support the grounds cited. For mandatory grounds such as serious rent arrears, the court must grant possession if the landlord’s evidence is sound. For discretionary grounds, the court uses its judgment.
Enforcing a Possession Order | High Court Enforcement
Once a possession order is granted and the tenant still refuses to leave, the landlord must enforce it. At the county court level, this is handled by county court bailiffs — but their availability is often limited, leading to delays of weeks or months.
A faster route is to transfer the possession order up to the High Court for enforcement by a High Court Enforcement Officer (HCEO). This is possible under Section 42(2) of the County Courts Act 1984 for most residential possession claims, though specific rules apply.
Shergroup offers specialist High Court Enforcement Solutions and can advise on whether transferring a possession order to the High Court is appropriate in your case. For residential possession, the transfer route under Section 42(2) of the County Courts Act 1984 allows enforcement to proceed more swiftly through an HCEO.
If rent arrears are involved and a County Court Judgment (CCJ) transfer is required to recover the debt, Shergroup can manage this process as well.
Common Mistakes That Invalidate Eviction Notices
Errors in the eviction process can set a case back by months. The most common mistakes include:
- Using the wrong form or an out-of-date version of Form 6A
- Failing to protect the deposit before serving notice
- Not providing the ‘How to Rent’ guide, EPC, or gas safety certificate
- Serving notice during a period where a section 21 notice is prohibited (e.g., within the first four months)
- Citing incorrect or unsupported grounds on a Section 8 notice
- Allowing a Section 21 notice to expire without applying to court (it is only valid for six months from the date of service)
The Renters’ Rights Bill and the Future of Section 21
The Renters’ Rights Bill, introduced by the Labour government in 2024, proposes to abolish Section 21 in England. If enacted, landlords will no longer be able to serve a no-fault eviction notice. All future possession claims would need to rely on specified grounds, meaning the Section 8 process would become the primary route for tenant eviction in the UK.
As of early 2025, the Bill has passed its second reading in the House of Lords. Landlords and enforcement professionals should plan for a post-Section 21 landscape and ensure they understand the Section 8 grounds framework in depth.
Summing Up
The choice between Section 21 vs Section 8 notices depends on the nature of the tenancy dispute and the evidence available to the landlord. Section 21 offers a straightforward, no-fault route — but its future is uncertain. Section 8 provides a fault-based mechanism with broader applicability but requires stronger evidence and typically involves a court hearing.
Getting the notice right from the outset is essential. A defective notice can mean starting the entire process again, adding months to the timeline and a high cost. Whether you are dealing with rent arrears, anti-social behaviour, or simply need to regain your property, Shergroup can help you navigate the enforcement process from notice to possession.
Get Expert Help from Shergroup
Need guidance on serving an eviction notice or enforcing a possession order? Shergroup’s team of enforcement specialists is ready to help.
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Frequently Asked Questions
What is the main difference between a Section 21 and a Section 8 notice?
A Section 21 notice is a no-fault eviction that does not require the landlord to give a reason for seeking possession. A Section 8 notice is fault-based and requires the landlord to cite one or more specific legal grounds, such as rent arrears or breach of tenancy. Section 21 is faster in theory, but Section 8 can be used during a fixed term and remains available even after Section 21 is abolished.
Can a landlord serve both a Section 21 and a Section 8 notice at the same time?
Yes. It is legally permissible to serve both notices simultaneously. Many landlords do this to preserve both routes for possession, especially where rent arrears are involved. Serving both at the same time can reduce the overall timeline if one notice is challenged or invalidated.
What is the notice period for a Section 21 eviction notice?
As of 2025, the minimum notice period for a Section 21 eviction notice in England is two months. The notice must be given using the prescribed Section 21 notice form 6a. The notice expires six months from the date of service, so the landlord must apply for a possession order within that window.
How much rent arrears are needed before serving a Section 8 notice?
For Ground 8 (mandatory), the tenant must be at least two months in arrears at both the date of service and the date of the court hearing for a monthly tenancy. If arrears fall below this threshold before the hearing, the court cannot use Ground 8, though it may still grant possession on discretionary grounds such as Ground 10 or Ground 11.
Will Section 21 be abolished in England?
The Renters’ Rights Bill proposes to abolish Section 21 in England. As of early 2025, the Bill has progressed through Parliament and is expected to become law during 2025 or 2026. Once enacted, landlords will need to rely on Section 8 grounds for all possession claims. The legislation does not affect Wales, which operates under different rules.
What happens if a tenant ignores an eviction notice?
If a tenant does not leave after the notice period expires, the landlord must apply to court for a possession order. Once granted, if the tenant still refuses to vacate, the landlord can instruct enforcement agents to carry out the eviction. High Court Enforcement Officers (HCEOs), such as those at Shergroup, can often enforce possession more quickly than county court bailiffs.
