Section 8/21 – Getting it right

Despite the current assault on Section 21, it’s still worth a recap on how the eviction process works. If procedures aren’t followed correctly there are all sorts of delays and issues which can prolong the landlord’s misery and cost more money to sort. You can even be found guilty of harassing your tenants or evicting them illegally.

We’ve been handling both types of eviction process for our clients for years and to us, it’s clear and straightforward, but it always helps if landlords and agents are also up to speed and know what to expect. Please note these details relate to England and Wales only.

What’s the difference between Section 8 and Section 21?

Firstly, both apply to assured shorthold tenancies (AST’s).

A Section 8 notice should be used where tenants haven’t kept to the terms of the tenancy.

A Section 21 notice should be used after a fixed-term tenancy ends or if it’s a periodic tenancy with no end date. Section 21 is often called the no-fault option and requires that you give your tenants a minimum of two months’ notice.

The process for issuing a Section 21 notice

In:

England use form 6a.

Wales, give the tenant written notice that you are serving a Section 21 notice under the provisions of the Housing Act 1998.

Both England and Wales, keep documentation to support this. The Government’s form N215 will serve this purpose.

Restrictions on issuing Section 21 notices

There are certain restrictions on using Section 21 to regain possession of your property as follows:


The process for issuing a Section 8/21 notice

Notice periods vary from two weeks to two months depending on the breach. If the tenant doesn’t leave, you can seek an accelerated possession order (if no rent is owed) or a standard one (if there are arrears). If they still stay, you’ll need a warrant for possession so bailiffs can remove them.

Getting it right

With complex rules and jargon, regaining possession can feel daunting, especially when some tenants delay moving. Take a clear, step-by-step approach: know your AST type, check key dates and restrictions, keep evidence, and follow the law. Many limits on using Section 21 only apply if landlords haven’t met their initial obligations.

If you need help, of course, you can always ask our Legal Services team for support. We know how to speed the process of eviction and our expertise and fixed-fee services make handling the cases where tenants are unwilling to budge much less of an ordeal.