If you need to regain possession of your rental property, you'll use either a Section 21 or Section 8 notice. Understanding the difference is essential for every landlord.
Section 21: No-Fault Eviction
A Section 21 notice allows you to end an assured shorthold tenancy without giving a reason. It's the most common route for landlords who want their property back.
Section 21
No-fault eviction. Ends an AST without giving a reason. Requires 2 months' notice and full compliance with deposit protection and safety certificates.
Section 8
Fault-based eviction. Used when tenants breach the agreement — rent arrears, anti-social behaviour, or property damage. Must specify grounds.
Mutual Agreement
The simplest route. Both parties agree to end the tenancy on a specific date. No court involvement needed.
Key Requirements
For a Section 21 to be valid, you must have:
- Protected the tenant's deposit in a government-approved scheme
- Provided the Deposit Protection prescribed information
- Given the tenant the current government How to Rent guide
- Provided a valid Gas Safety Certificate
- Provided a valid Energy Performance Certificate (EPC)
- Provided an EICR (if applicable)
If any of these are missing, your Section 21 is invalid.
Notice Period
- 2 months' notice minimum
- Cannot be served during the first 4 months of the initial tenancy
- Must not expire before the end of the fixed term
The Process
- Serve Section 21 notice (Form 6A) correctly
- Wait for the notice period to expire
- If the tenant doesn't leave, apply to the court for a possession order
- The court grants an accelerated possession order (no hearing needed if paperwork is correct)
- If the tenant still doesn't leave, apply for a bailiff warrant
Timeline: From serving notice to possession can take 4–6 months if the tenant doesn't leave voluntarily.
Section 21 Reform
The Renters' Reform Bill proposes abolishing Section 21 entirely. If passed, landlords will need to use specific grounds under Section 8 to regain possession. Stay informed — this is a significant change.
Section 8: Fault-Based Eviction
Section 8 is used when a tenant has breached their tenancy agreement. You must specify which 'ground' (reason) applies.
Mandatory Grounds (court must grant possession)
- Ground 1 — Landlord previously lived in the property and wants to return
- Ground 2 — Mortgage lender is repossessing
- Ground 7 — Tenant has died and no successor
- Ground 8 — At least 2 months' rent arrears at both notice and hearing date
Discretionary Grounds (court may grant possession)
- Ground 10 — Some rent arrears
- Ground 11 — Persistent late payment
- Ground 12 — Breach of tenancy terms
- Ground 14 — Antisocial behaviour or nuisance
- Ground 17 — Tenancy obtained through false information
Notice Periods (vary by ground)
- Ground 8, 10, 11 — 2 weeks
- Ground 14 (serious antisocial behaviour) — Immediate
- Ground 1, 2 — 2 months
- Ground 12 — 2 weeks
The Process
- Serve Section 8 notice (Form 3) specifying the grounds
- Wait for the notice period
- Apply to court for possession
- Attend a hearing — you must prove your grounds
- If granted, apply for bailiff warrant if needed
Section 21 vs Section 8: Which to Use?
| Factor | Section 21 | Section 8 | |--------|-----------|----------| | Reason needed? | No | Yes | | Notice period | 2 months | Varies (0–2 months) | | Court hearing | Usually not | Yes | | Speed | Slower but simpler | Faster if grounds are strong | | Cost | Lower | Higher (solicitor often needed) | | Risk | Low if paperwork correct | Discretionary grounds can fail |
Common Mistakes
- Serving Section 21 without protecting the deposit first
- Using the wrong form
- Incorrect notice period calculation
- Not providing required documents to the tenant
- Trying to change locks without a court order (illegal)
When to Seek Legal Advice
- Tenant has more than 2 months' arrears — consider both Section 8 (Ground 8) and Section 21 simultaneously
- Antisocial behaviour — Section 8 Ground 14 may be faster
- Complex situations — multiple occupants, HMOs, or tenant vulnerability
Haus Estates Landlord Support — Our fully managed landlord service includes guidance on possession procedures. We work with specialist property solicitors in Leicester to protect your interests. Contact us for advice.
