Section 8 vs Section 21Section 8 vs Section 21
Compare notice routes, timing, and evidence requirements so you choose the right eviction notice first time.
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The two main eviction notices in England have different uses, notice periods, and court processes. Here is how to choose the right one — then use our Section 8 notice template or Section 21 notice template to draft the right form.
Which Should You Use?
Unlike generic form builders, we validate 20+ legal requirements before generating court-ready documents — reducing the risk of rejected claims.
- Compliance checks included before documents are generated
- Jurisdiction-specific documents for UK landlord workflows
- Step-by-step guided wizard built to reduce mistakes and rework
Key Differences at a Glance
A side-by-side comparison of Section 21 and Section 8 eviction notices.
| Feature | 21Section 21 | 8Section 8 |
|---|---|---|
| Type | No-fault eviction | Grounds-based eviction |
| Notice period | 2 months | 2 weeks - 2 months |
| Reason required | ||
| Court hearing | Not required (N5B) | Required (N5) |
| Mandatory grounds | — | Yes (e.g., Ground 8) |
| Can claim rent arrears | ||
| Compliance requirements | Strict (deposit, EPC, etc.) | Fewer |
| Court fee | £355 | £355 |
| Typical total time | 4-6 months | 3-8 months |
When to Use Each Notice
Choose based on your specific situation and what you want to achieve.
Use Section 21 When:
No-Fault Eviction- End of fixed term
You want to end the tenancy at the end of the fixed term or during a periodic tenancy
- Property sale or refurb
You are selling the property or need vacant possession for major works
- No specific fault
The tenant has not breached the agreement but you want possession
- Full compliance
Deposit protected, EPC provided, How to Rent guide given
Advantages
- • No hearing required (accelerated procedure)
- • No need to prove a ground
- • Straightforward if compliant
Use Section 8 When:
Grounds-Based Eviction- Rent arrears (2+ months)
Ground 8 gives mandatory possession with only 2 weeks notice
- Breach of tenancy
Subletting, damage, antisocial behaviour, or other breaches
- Section 21 invalid
Your Section 21 may be invalid due to deposit or compliance issues
- Claim rent in same action
You can claim unpaid rent within the possession proceedings
Advantages
- • Shorter notice (2 weeks for rent arrears)
- • Mandatory grounds (court must grant)
- • Survives Section 21 abolition
Can You Serve Both Notices Together?
Yes—and many landlords do. Serving both gives you maximum protection.
Why Serve Both Notices
- Backup protection: If one notice fails, the other may still succeed
- Rent arrears fluctuate: If tenant pays down arrears below 2 months, Section 21 is your backup
- No extra cost: You can serve both at the same time at no additional cost
- Choose later: Wait to see which expires first and has the strongest case
Example: Tenant owes 3 months rent. Serve Section 8 (Ground 8, 10, 11) with 2 weeks notice AND Section 21 with 2 months notice. If tenant pays down to 1 month arrears, Ground 8 fails but you still have Section 21.
Which Is Faster?
The fastest route depends on your specific situation.
Section 21 Timeline
- Notice period2 months
- Court processing (N5B)4-8 weeks
- Order compliance14-42 days
- Bailiff (if needed)4-8 weeks
- Typical total4-6 months
Section 8 Timeline (Rent Arrears)
- Notice period (Ground 8)2 weeks
- Wait for hearing (N5)6-12 weeks
- Order compliance14-42 days
- Bailiff (if needed)4-8 weeks
- Typical total3-8 months
Summary: Section 8 has a shorter notice period (2 weeks for rent arrears) but requires a hearing. Section 21 has a longer notice (2 months) but no hearing. In practice, they often end up taking similar total time.
Is Section 21 Being Abolished?
Yes—the Renters Reform Bill will abolish Section 21 in England, likely from late 2026.
Renters Reform Bill
The government's Renters Reform Bill proposes to abolish Section 21 "no-fault" evictions. After abolition, landlords will need to use Section 8 grounds to evict tenants.
- New grounds will be added for landlord selling or moving in
- Rent arrears ground (Ground 8) will likely remain
- Check current legislation before serving any notices
What This Means for You
If you are considering eviction, act now while Section 21 is still available. After abolition, you will need valid Section 8 grounds. Our Notice Only Pack includes both Section 21 and Section 8 notices.
Quick Decision Guide
Answer these questions to determine which notice to use.
Does your tenant owe 2+ months rent?
Has the tenant breached the tenancy (damage, antisocial behaviour, etc.)?
Is your deposit protected with prescribed information given?
Our Recommendation
Serve both notices together for maximum protection. Our Notice Only Pack includes Section 21 and Section 8 with all applicable grounds. This gives you flexibility and backup options.
Get Both Notices in One Pack
Our Notice Only Pack includes Section 21 and Section 8 with all relevant grounds. AI compliance checking ensures your notices are valid.
Section 8 vs Section 21: Frequently Asked Questions
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For general information only. This page provides educational content about UK landlord law and is not legal advice. Laws vary by jurisdiction and change over time. For advice specific to your situation, consult a qualified solicitor.