Question

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

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Answer

Both are notices a landlord uses to begin ending an assured shorthold tenancy in England, and they work on entirely different bases.

Section 21 — the "no fault" notice. The landlord does not have to give a reason. Provided the tenancy is outside any fixed term or the contract allows it, and the procedural requirements are met, the landlord can seek possession simply because they want the property back.

The procedural requirements are strict, and failure invalidates the notice:

The deposit must be protected in an authorised scheme and the prescribed information given to the tenant.

The tenant must have been given a current gas safety certificate, EPC and the government's How to Rent guide.

A valid notice period must be given — at least two months, sometimes longer.

It cannot be used in the first four months of a tenancy, nor where the landlord has failed to obtain a required licence, nor as retaliatory eviction after a council improvement notice.

Section 8 — the "fault" or grounds-based notice. The landlord must cite specific statutory grounds, such as rent arrears, damage, antisocial behaviour, or breach of the tenancy agreement.

Grounds are mandatory (the court must order possession if proved — for example Ground 8, at least two months' arrears at both notice and hearing) or discretionary (the court decides whether it is reasonable). Notice periods vary by ground.

In both cases, the notice itself does not evict anyone. If the tenant does not leave, the landlord must apply to court for a possession order, and only court-appointed bailiffs may carry out an eviction. Removing a tenant, changing locks or cutting services without a court order is illegal eviction, a criminal offence.

The law is changing. The Renters' Rights legislation abolishes Section 21 and reforms the grounds system. Check the current position — this is general information about England only.

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