Section 8 vs Section 21 Notices – What’s the Difference?

Key Takeaways

• The Renters’ Rights Act 2025 (‘RRA 2025’) came into force on 1 May 2026, abolishing Section 21 ‘no-fault’ eviction notices entirely. Landlords can no longer end an assured tenancy by serving a Section 21 notice or a notice to quit.
• Section 8 is now the only route for a landlord to seek possession of a residential property in the private rented sector. The landlord must specify at least one of the mandatory or discretionary grounds for possession set out in Schedule 2 to the Housing Act 1988 (as amended by the RRA 2025).
• A Section 8 Notice allows a landlord to evict a tenant for specific breaches of the tenancy agreement, such as rent arrears or anti-social behaviour.
• A Section 8 Notice requires landlords to prove a legal ground for possession and typically involves a court hearing.

If you’re a landlord, a Section 8 Notice is the only method you can use to legally terminate an assured periodic tenancy agreement (APT) and require the tenant to vacate your property. 

What is a Section 8 Notice?

A Section 8 Notice allows you to take legal action when an assured periodic tenant has breached the terms of the tenancy agreement. 

If you can prove your tenant’s breach warrants eviction under a mandatory or discretionary ground(s) for possession, as listed in Schedule 2 of the Housing Act 1988(as amended by the RRA 2025), a Section 8 Notice can be a powerful tool.

Common grounds for possession used on a Section 8 Notice include:

• Rent arrears of 3 months or more
• Anti-social behaviour (ASB)
• You wish to occupy the property yourself
• You wish to sell the property

Pros

• The notice period can be as short as zero days
• Possession proceedings may be started for certain breaches of the tenancy agreement as soon as the landlord serves the Notice.

Cons

• Grounds for possession are required for serving a Section 8 Notice. The Housing Act 1988 lists mandatory and discretionary grounds for possession. Your tenant’s breach must fall within at least one.
• A hearing of the claim will be listed in the local county court, which can lead to significant delays. 
• If the grounds for possession are in dispute, your tenant could mount a defence of the claim and/or pursue a counterclaim. Typically, this means delaying or failing to repossess the property, and potentially costly legal fees. 
• A tenant can give an oral defence at the hearing even if they haven’t shown any indication of contesting the proceedings beforehand.
• Section 8 Notice hearings aren’t allotted much Court time. The hearing may be adjourned to a later date if the Court feels the tenant hasn’t had sufficient time to present a defence.
• Adjournments and additional hearings equal more cost to prepare documents and longer delays.
• Grounds 9 -18 of a Section 8 Notice are discretionary. The Court will apply a test of ‘reasonableness.’ There’s always the risk it will find in favour of your tenant, and you’ll be back to square one.

Overall, using discretionary grounds for possession under Section 8 can be risky. 

Even with mandatory grounds, your tenant may still file a counterclaim for things like failing to repair the property, correctly protecting their deposit, or paying it back on time.

If your tenant has just grounds, and the Court upholds their counterclaim, the value of any rental arrears will be lower. 

If the reduced rental arrears fall below the required 3 month threshold, then the Court will conclude that Ground 8 is not made out, forcing you to rely on discretionary grounds which are uncertain.

Need Advice? Contact Helix Law.

Our specialist property litigation team work nationally in disputes between landlords and tenants. 

We’re frequently instructed by landlords who have tried to pursue an eviction themselves but faced later difficulty, sometimes after they have issued a court claim. If something is technically wrong they face the prospect of having to pay the tenants legal aid costs, and losing at least 3-6 months if not longer having to start the court proceedings entirely from the start again.

If you’re looking to recover possession of your property as quickly as possible, it’s for these reasons we suggest you obtain legal advice from specialists working in this area. We charge a fixed fee for possession claims so you’re clear where you stand. Our costs are entirely transparent.

Serving a defective notice will delay your ability to regain possession of your property. If you’re looking to get a new tenant at higher rent, if the current tenant isn’t paying rent, or if you’re looking to sell,any delay can be extremely expensive for you. Literally costing you money.

For all the above reasons obtaining advice from qualified, insured professionals is sensible. If you’re looking for advice and assistance, contact Helix Law’s specialist property litigation team for comprehensive and strategic advice. We aim to respond to all queries in under an hour and would love to assist you.