Evicting a Tenant — Section 21, Section 8, and What Landlords Need to Know

Two Routes to Eviction

Landlords in England (and Wales, with differences) have two statutory routes to seek possession of a rented property:

• **Section 21 (Housing Act 1988):** A “no fault” notice. The landlord does not need to give a reason; they simply require possession. Available for Assured Shorthold Tenancies (ASTs) only.
• **Section 8 (Housing Act 1988):** A grounds-based notice. The landlord must cite one or more specified legal grounds (e.g. rent arrears, anti-social behaviour, breach of tenancy). The grounds determine the notice period and whether possession is mandatory or discretionary.

Section 21 Notices

**When to use:** When the landlord wishes to end the tenancy at or after the end of the fixed term, or during a statutory periodic tenancy, without needing to give a reason.

**Notice period:** At least 2 months.

**Requirements before service:**

A Section 21 notice is only valid if the landlord has complied with all prescribed pre-tenancy obligations:

1. Provided the tenant with a valid Energy Performance Certificate (EPC)

2. Provided a valid Gas Safety Certificate (if applicable)

3. Given the tenant the government’s “How to Rent” guide (current version at the time of tenancy start or renewal)

4. Protected the tenant’s deposit in a government-approved scheme within 30 days and provided prescribed information

Failure to comply with any of these requirements invalidates the Section 21 notice. Many landlords are caught out on this point, particularly if they are unaware of which version of “How to Rent” applies.

**Using form 6A:** In England, Section 21 notices must be served using the prescribed form (Form 6A). Using an incorrect form is a common reason notices are challenged.

**The Renters’ Rights Bill:** The Renters’ Rights Bill, currently progressing through Parliament (as of early 2026), proposes to abolish Section 21 entirely. Landlords should follow the Bill’s progress closely as this will fundamentally change the possession process.

Section 8 Notices

Section 8 is used when the tenant has breached the tenancy agreement. The landlord must specify one or more grounds from Schedule 2 of the Housing Act 1988.

**Key mandatory grounds (possession will be ordered if proven):**

• **Ground 8:** At least 2 months’ (or 8 weeks’) rent arrears both at the date of service and the date of the hearing
• **Ground 1:** The landlord previously lived in the property and needs it back as their main home
• **Grounds 3, 4:** Holiday let or student accommodation situations

**Key discretionary grounds (court may or may not order possession):**

• **Ground 10:** Some rent arrears (less than 2 months)
• **Ground 11:** Persistent late payment even if no arrears at hearing
• **Ground 12:** Breach of any tenancy obligation
• **Ground 14:** Anti-social behaviour or use of the property for illegal purposes

**Notice periods vary by ground.** Ground 8, 10, and 11 require at least 2 weeks’ notice; some grounds require 2 months.

Court Process

After serving notice, if the tenant does not leave:

1. **Apply to court** for a possession order (standard or accelerated procedure)

2. **Standard procedure:** Both parties attend a hearing. The judge decides whether to grant possession.

3. **Accelerated procedure:** For Section 21 cases only. Usually decided on the papers without a hearing. Faster but possession order cannot include a money judgment for rent arrears.

4. **Enforcement:** If the tenant still does not leave after the possession order, apply to court for a warrant of possession. County court bailiffs carry out the eviction.

The entire process from notice to eviction can take 6–18 months in practice, particularly in busy courts.

Retaliatory Eviction Protections

A Section 21 notice is invalid if it is served within 6 months of the tenant making a formal complaint about property conditions to the landlord or local authority, and the local authority has served an improvement notice. This protects tenants from eviction in retaliation for raising legitimate complaints.

Landlords should address all maintenance issues promptly and keep records of communications.