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.

On 28 October 2025 the long awaited Renters Rights Act 2025 (‘the Act’) received Royal Assent meaning it is now law. This includes very significant changes for landlords and tenants including changes to tenant rights, deposits, notices and eviction processes amongst others. At present the Act has not yet come into force however this is anticipated fairly soon. For the current position on this see our blog here. When the Act is fully implemented it will no longer be possible to pursue possession claims via the accelerated possession route as this will no longer exist. Section 21 notices are being abolished. Existing court forms will be changing. Our fees and services will also be adapting to reflect the new reality. For now landlords can continue to use the existing processes and should serve notices and issue claims promptly wherever possible to take advantage of the time period before the Act is fully implemented. We will be continuing to act nationally in these disputes almost exclusively for landlords. When the Act is implemented a period of change, elongated timescales at court, and more complex and expensive court processes should be anticipated, in keeping with the aims of government to give tenants greater rights and security of tenure.