Section 21 vs Section 8 — What Landlords Need to Know
How the two notices differ, when each still applies, and what the Renters (Reform) Act changes for possession claims in 2026.
Ask most landlords the difference between a Section 21 and a Section 8 notice and you get a hesitant answer. Given that the wrong notice served in the wrong way can cost you six months of possession time, it is worth knowing exactly.
Section 21 — the "no fault" notice
Section 21 lets a landlord end an assured shorthold tenancy after the fixed term without giving a reason. It has been the default eviction route in England for decades because it is fast, procedural and hard to defend against — provided the paperwork is perfect.
To serve a valid Section 21 you must have:
- Protected the deposit and served prescribed information.
- Provided the EPC, gas safety and current How to Rent guide before the tenancy started.
- Complied with any local licensing scheme.
- Given at least two months' notice, using Form 6A.
Miss any of those and the notice is invalid. The court will not fix it for you.
Section 8 — the "fault" notice
Section 8 is used where the tenant has breached the tenancy — most often rent arrears, but also antisocial behaviour, damage or a landlord's need to move back in. The notice specifies one or more numbered grounds and the timeline depends on which grounds are cited. Ground 8 (two months of arrears) is mandatory: if proven, the court must grant possession. Discretionary grounds require the judge to be persuaded.
What the Renters (Reform) Act changes
The Act, now in force in England, abolishes the Section 21 no-fault route for new tenancies and strengthens Section 8. Two practical consequences for landlords:
- Every possession claim needs a valid ground. Sale of the property and landlord move-in are now proper grounds with their own notice periods, but they cannot be used in the first 12 months of a tenancy.
- Arrears thresholds have shifted. Ground 8 now requires three months of arrears at both notice and hearing, not two.
The practical decision
If you have a live tenancy that began before the Act commenced, Section 21 may still be available for a transitional window. For everything else, plan on Section 8 with clear evidence. Keep every rent receipt, every text message about a repair, every warning letter. The judge will read them.
How EstateVera helps
EstateVera tracks the compliance items that a Section 21 depends on and warns you before they lapse. For possession claims, the AI assistant can draft the correct notice, cite the right ground and produce the evidence bundle in the format the county court expects.
Hook: "Section 21 is dead. Section 8 is now the only real route to possession — and most landlords have never used it."
Body: Split-screen: left, the old Section 21 checklist; right, Section 8 with the new grounds. Explain the three-month arrears threshold and the 12-month protected period. Show an EstateVera notice-draft screen.
Close: "Get the right notice, on the right form, with the right evidence. EstateVera drafts it for you."