When a landlord needs to regain possession of their property, they typically use either a Section 21 eviction notice or a Section 8 notice grounds. While both lead to the same outcome—eviction—they follow different legal processes and are used under different circumstances. Additionally, landlords may also use a Section 13 notice when increasing rent in an assured shorthold tenancy (AST).

Understanding the differences between Section 21 and Section 8 evictions is crucial for both landlords and tenants to ensure compliance with UK housing laws. This article explores the key distinctions, procedures, and implications of each eviction method.

What Is a Section 21 Eviction Notice?

A Section 21 eviction notice, often called a "no-fault eviction," allows landlords to reclaim their property without providing a specific reason. However, certain legal requirements must be met before serving this notice.

Key Features of a Section 21 Eviction

1. No Tenant Fault Required – Unlike a Section 8 notice, the landlord does not need to prove any breach of tenancy.


2. Fixed-Term Tenancy Must End – The landlord can only issue a Section 21 notice after the fixed term of an AST has expired unless there’s a break clause.


3. Proper Notice Period – Landlords must give at least two months' notice (longer in some cases).


4. Legal Compliance – The landlord must have:
   
   
   
   • Protected the tenant’s deposit in a government-approved scheme.
   
   
   • Provided the tenant with an Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s How to Rent guide.
   
   
   • Not charged prohibited fees under the Tenant Fees Act 2019.
   
   
   
   

When Can a Landlord Use Section 21?

• The tenancy has reached its end.


• The landlord wants to sell the property.


• The landlord or a family member needs to move in.

Limitations of Section 21

• Cannot be used during the fixed term unless a break clause exists.


• Invalid if the property is in disrepair and the tenant has complained to the council.


• Banned in some cases under the Renters’ Reform Bill, which proposes abolishing no-fault evictions.

What Is a Section 8 Eviction Notice?

A Section 8 notice grounds is used when a tenant has breached the tenancy agreement. Unlike Section 21, the landlord must specify the legal grounds for eviction.

Key Features of a Section 8 Eviction

1. Fault-Based Eviction – The landlord must prove the tenant violated the tenancy terms.


2. Different Notice Periods – Depending on the grounds, notice can range from 2 weeks to 2 months.


3. Court Involvement Required – If the tenant disputes the claim, the landlord must go to court.

Common Grounds for Section 8 Eviction

• Mandatory Grounds (Court Must Grant Eviction):
  
  
  
  • Ground 8: Persistent rent arrears (at least 2 months’ unpaid rent at the time of notice and hearing).
  
  
  • Ground 1: Landlord previously lived in the property or intends to move in.
  
  
  
  


• Discretionary Grounds (Court Decides Based on Evidence):
  
  
  
  • Ground 10: Some rent arrears (but less than 2 months).
  
  
  • Ground 12: Tenant breached the tenancy agreement (e.g., subletting without permission).
  
  
  • Ground 14: Anti-social behavior or nuisance to neighbors.
  
  
  
  

When Can a Landlord Use Section 8?

• The tenant has failed to pay rent.


• The tenant has damaged the property.


• The tenant is causing disturbances.

Limitations of Section 8

• If the tenant fixes the issue (e.g., pays overdue rent), the court may dismiss the case.


• Longer legal process if the tenant contests the eviction.

Key Differences Between Section 21 and Section 8 Evictions

What Is a Section 13 Notice?

While not an eviction notice, a Section 13 notice is used when a landlord wants to increase the rent in a periodic tenancy (after the fixed term ends).

Key Points About Section 13:

• Must give at least one month’s notice (for weekly/monthly tenancies).


• The new rent must be fair and comparable to local market rates.


• Tenants can challenge excessive increases via a tribunal.

Which Eviction Method Is Better for Landlords?

• Section 21 is quicker if no tenant fault exists.


• Section 8 is necessary if the tenant has violated the agreement.

Tenant Rights in Evictions

• Tenants can challenge an invalid Section 21 or Section 8 notice.


• Illegal evictions (e.g., changing locks without court order) can lead to landlord penalties.

Conclusion

Understanding the differences between Section 21 and Section 8 evictions helps landlords follow the correct legal process while ensuring tenants know their rights. A Section 21 notice is used for no-fault evictions, whereas a Section 8 notice requires proving tenant breaches. Additionally, a Section 13 notice deals with rent increases rather than evictions.

With potential reforms like the Renters’ Reform Bill possibly ending Section 21 evictions, staying informed about UK eviction laws is essential for both landlords and tenants.

Would you like further details on defending against an eviction or drafting a valid notice? Consult a housing solicitor for personalized advice.