Section 21 vs Section 8 Eviction Notice

The difference between a no-fault Section 21 notice and a fault-based Section 8 notice for landlords seeking possession.

Overview

There are two main routes by which a landlord can seek possession of a property let under an assured shorthold tenancy (AST) governed by the Housing Act 1988. Section 21 (the 'no-fault' route) does not require the landlord to prove any wrongdoing by the tenant. Section 8 (the 'fault-based' route) requires the landlord to establish one or more statutory grounds for possession. Both routes ultimately require a court order to physically evict a tenant. Note: Section 21 is expected to be abolished under the Renters' Rights Bill.

Side-by-Side Comparison

Section 21 Notice (No-Fault Possession)

Cost: £391 court fee for accelerated procedure

Time: Minimum 2 months' notice + court process (2–4 months for accelerated possession)

Pros

No need to prove any fault or breach by the tenant
Faster possession via the accelerated possession procedure (no hearing required if no defence)
Landlord does not need to attend court if using the accelerated procedure
Court fee relatively modest (currently £391 for accelerated procedure)

Cons

Strict technical requirements — deposit must be protected, prescribed information served, How to Rent guide given, EPC and gas safety certificate provided; any failure makes the notice invalid
Cannot be served in the first 4 months of the tenancy; minimum 2 months' notice
Cannot be served as a retaliatory response to a complaint about property condition (Deregulation Act 2015, s.33)
Expected to be abolished — the Renters' Rights Bill proposes removing s.21 entirely

Best For

Landlords who simply want the property back without asserting fault, particularly at end of a fixed term. Increasingly precarious given pending abolition.

Section 8 Notice (Fault-Based Possession)

Cost: Court fee for possession claim: £391 (online) or £355 (paper); additional enforcement fees

Time: Notice period 2 weeks (some grounds) to 2 months + court process (3–6 months if contested)

Pros

Will survive abolition of Section 21 — the primary route under the Renters' Rights Bill reforms
Mandatory grounds (e.g. Ground 8 — 2 months' arrears) entitle the landlord to possession as of right if proved
Can be served at any point during the tenancy
Grounds for antisocial behaviour (Ground 14) and domestic abuse (Ground 14A) allow possession more quickly

Cons

Must specify the correct ground(s) — technical errors invalidate the notice
Disputed grounds require a full possession hearing (judge decides whether ground is made out)
Tenant has defences: paying arrears below the threshold before hearing (defeats Ground 8 alone); disrepair set-off; counterclaim
Court process can be slow and contested

Best For

Cases involving genuine rent arrears (Ground 8: 2 months; Ground 10: some arrears; Ground 11: persistent arrears), breach of tenancy conditions, or antisocial behaviour.

Key Differences

AspectSection 21 Notice (No-Fault Possession)Section 8 Notice (Fault-Based Possession)

Fault requiredNo — landlord needs no reasonYes — must prove a statutory ground

Future availabilityExpected to be abolished by Renters' Rights BillWill remain the primary possession route post-reform

Court hearing requiredNot if accelerated procedure and no defence raisedUsually required for disputed cases

Tenant defencesValidity of the notice (technical grounds); retaliatory eviction defenceDispute of ground; payment of arrears; disrepair counterclaim

Notice periodMinimum 2 months2 weeks to 2 months depending on ground

Timing restrictionsCannot serve in first 4 months; cannot use in first 6 months if retaliatoryCan serve at any time (subject to fixed term where applicable)

Our Recommendation

Landlords should be aware that Section 21 may be abolished imminently. Build familiarity with Section 8 grounds and ensure rent arrears are documented precisely. Tenants facing a Section 21 notice should check the validity requirements rigorously — an invalid notice gives them more time. Tenants facing Section 8 should seek advice from Shelter or Citizens Advice immediately, particularly if the notice cites Ground 8 (mandatory).