In England and Wales, landlords seeking possession of a rental property primarily use two legal routes: Section 8 and Section 21 of the Housing Act 1988. This comprehensive guide breaks down the differences, legal requirements, notice timelines, and the impact of the forthcoming Renters’ Reform Bill which will abolish Section 21.
A Section 21 notice—often called a “no-fault eviction”—enables landlords to regain possession without citing a specific reason, typically at the end of a tenancy term. Key conditions include:
Important: Section 21 is slated for abolition under the Renters’ Reform Bill. Landlords will need to rely solely on Section 8 grounds moving forward.
A Section 8 notice is served when tenants breach tenancy terms, allowing landlords to reclaim possession on specific legal grounds such as rent arrears or antisocial behaviour. Highlights include:
| Feature | Section 21 | Section 8 |
|---|---|---|
| Reason Required? | ❌ No — No fault needed | ✅ Yes — Specific grounds needed |
| Court Proceedings Needed? | Only if tenant refuses to leave | Yes, always required if tenant contests |
| Notice Period | Minimum 2 months | Varies by ground: 2 weeks to 2 months |
| Allowed Under Renters’ Reform? | ❌ No — Being removed | ✅ Yes — Reformed grounds apply |
With the imminent abolition of Section 21, landlords must become familiar with the legal grounds under Section 8 notices, ensuring compliance with updated legislation. The TLA regularly updates guidance and provides bespoke templates to help landlords and agents navigate this transition smoothly.
Section 21 is a “no-fault” eviction used to regain possession without citing a reason, generally at tenancy end. Section 8 is used when tenants breach tenancy terms, requiring landlords to specify legal grounds such as rent arrears or antisocial behaviour.
Yes, but it's not the best option. Section 8 is preferred for rent arrears since it allows eviction based on this breach. Section 21 cannot be used once it’s abolished under the Renters’ Reform Bill, so landlords should prepare to use Section 8 for all possession claims.
Section 21 requires a minimum of 2 months' notice. Section 8 notice periods vary based on grounds—from 2 weeks (e.g., for rent arrears) up to 2 months for other breaches.
The landlord must apply to the court for a possession order. This legal process involves a hearing where the tenant can contest eviction. If the court orders possession, bailiffs enforce the eviction if necessary.
Landlords must supply the tenant with an up-to-date Energy Performance Certificate (EPC), the Government’s “How to Rent” guide, and evidence of deposit protection. Failure to provide these invalidates the Section 21 notice.
Tenants may challenge invalid notices due to missing documents or procedural errors. They can also raise complaints if the landlord has failed repair or safety obligations, or if there is evidence of discrimination.
Yes, the Renters’ Reform Bill will abolish Section 21, making Section 8 the sole route for eviction. Landlords will need to be familiar with updated grounds for possession and adhere to new procedural rules designed to protect tenants.
The TLA Legal Partner Panel offers expert support for landlords and tenants. Use our Legal Support Hub for direct access to verified solicitors and downloadable legal templates.
This guide is for residential tenancies in England and Wales only. For case-specific advice, please consult TLA Legal Support Hub or a qualified solicitor.