Section 21 vs Section 8: Which Eviction Notice Should You Use? (2026)

Choosing between a Section 21 vs Section 8 eviction notice is one of the most important decisions UK landlords face when dealing with problem tenancies. Each notice type has distinct advantages, requirements, and timelines. Understanding these differences could save you months of delays and thousands of pounds in legal fees.

Key Differences Between Section 21 and Section 8

The fundamental difference between these two eviction notices lies in whether you need to prove your tenant has done something wrong. Section 21 requires no reason at all, while Section 8 requires you to demonstrate specific grounds for possession.

Section 21 (No-Fault Eviction) allows landlords to recover their property without giving any reason. You simply serve the notice, wait for the notice period to expire, and apply to court if the tenant doesn't leave. The court must grant possession if all procedural requirements are met.

Section 8 (Fault-Based Eviction) requires you to prove one or more of 17 specific grounds for possession. These range from rent arrears (the most common) to anti-social behaviour, property damage, or the landlord needing to move back in.

When to Use Section 21

Section 21 is typically the preferred choice when you simply want to regain possession of your property and your tenant hasn't done anything specifically wrong. Common scenarios include:

• Selling the property: You need vacant possession for the sale
• Renovating or refurbishing: Major works require the property to be empty
• Moving family in: You or a family member wants to live in the property
• Ending the tenancy at fixed term: You don't want to renew the agreement
• Changing letting strategy: Perhaps switching to short-term lets

The beauty of Section 21 is its simplicity. As long as you've met all the compliance requirements (deposit protection, gas safety certificate, EPC, How to Rent guide), the court mustgrant possession. There's no discretion—it's a mandatory order.

When to Use Section 8

Section 8 is essential when you have specific grounds for eviction, particularly when dealing with problem tenants. The most common situations include:

• Rent arrears: Tenant owes 2+ months rent (Ground 8 - mandatory)
• Persistent late payment: Regularly pays rent late (Ground 10 - discretionary)
• Anti-social behaviour: Nuisance to neighbours (Ground 14)
• Property damage: Tenant has damaged the property (Ground 13)
• Breach of tenancy: Breaking terms of the agreement (Ground 12)
• False statement: Tenant lied on their application (Ground 17)

The key advantage of Section 8 is the shorter notice period for serious grounds. For rent arrears of 2+ months (Ground 8), you only need to give 2 weeks' notice compared to 2 months for Section 21.

Section 8 Grounds Explained

Section 8 grounds are divided into two categories: mandatory (the court must grant possession) and discretionary (the court decides based on circumstances).

Mandatory Grounds (Court Must Grant Possession)

• Ground 1: Landlord previously lived in the property and wants to return
• Ground 2: Property is subject to a mortgage granted before tenancy
• Ground 7: Periodic tenancy following death of previous tenant
• Ground 7A: Tenant convicted of serious offence at the property
• Ground 7B: Tenant has lost right to rent (immigration)
• Ground 8: At least 2 months' rent arrears (most commonly used)

Discretionary Grounds (Court Decides)

• Ground 10: Some rent arrears (less than 2 months)
• Ground 11: Persistent delay in paying rent
• Ground 12: Breach of tenancy obligation
• Ground 13: Property condition deteriorated due to tenant
• Ground 14: Anti-social behaviour or nuisance
• Ground 14A: Domestic violence (partner has left)
• Ground 15: Furniture condition deteriorated
• Ground 17: Tenant obtained tenancy through false statement

Section 21 vs Section 8: Complete Comparison

Using Both Notices Together

Many experienced landlords serve both Section 21 and Section 8 notices simultaneously, especially when dealing with rent arrears. This "belt and braces" approach provides maximum flexibility.

Why serve both?

• Section 8 with Ground 8 has a shorter notice period (2 weeks vs 2 months)
• Section 21 provides a guaranteed fallback if rent is paid down
• You can pursue whichever notice expires first
• Increases pressure on tenant to negotiate or leave voluntarily

With the Section 21 ban approaching, serving both notices now is particularly wise. If Section 21 is abolished before your case concludes, you'll still have the Section 8 to fall back on.

Section 21 vs Section 8 FAQ

Next Steps

Whether you choose Section 21, Section 8, or both, getting the notice right is crucial. Invalid notices waste months and cost thousands in delayed possession.

• Generate Court-Ready Eviction Notice
• Complete Section 21 Guide
• Complete Eviction Pack (includes both notices)