Difference Between Section 8 And Section 21

Both Section 8 and Section 21 of the Housing Act 1988 can end a tenancy agreement. 

The most significant difference between the two is that a Section 8 notice will end the arrangement when the tenant is in breach of contract. Rent arrears is a common reason to serve a Section 8 Notice. A Section 8 Notice is also called a notice to quit.

A Section 21 Notice is served when the landlord wants to regain possession of the property for reasons unrelated to the tenant’s behaviour. This is sometimes called a ‘no fault’ notice. The landlord does not have to have a reason.

Another distinction between Section 8 and Section 21 is that the Section 21 notice is a notice bringing the tenancy to an end, and the Section 8 notice is a notice of the landlord’s intention to bring proceedings to take possession. 

A Section 8 Notice can be served during the fixed term of an Assured Shorthold Tenancy and can give from two weeks to two months’ notice of an intention to bring possession proceedings.

A Section 21 Notice cannot expire before the end of a fixed-term tenancy. 

A landlord can only serve a Section 21 Notice if certain documents were given to the tenant at the start of the contract.

These documents include, amongst others, the EPC or Energy Performance Certificate and a valid gas safety certificate. There are also requirements regarding the tenants’ deposit money, which should be held in a recognised Tenancy Deposit Scheme.

Failure to comply with these requirements at the outset of the tenancy will mean that a tenant can avoid a Section 21 Notice because it is invalid.