Section 21 vs Section 8: What's the Difference?
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Section 21 is no-fault eviction requiring 2 months notice and no reason. Section 8 requires proving specific grounds like rent arrears or antisocial behaviour. Section 21 is being abolished in May 2026; Section 8 will be the only eviction route.
What is Section 21?
Section 21 allows landlords to end an assured shorthold tenancy without giving a reason. Give 2 months notice, follow the procedural requirements, and possession is almost guaranteed if valid.
Key features:
- No reason needed
- 2 months notice
- Uses accelerated possession (paper-based)
- Near-certain outcome if valid
- Being abolished May 2026
What is Section 8?
Section 8 requires proving specific grounds for possession—reasons like rent arrears, antisocial behaviour, or property damage. Notice periods vary by ground. Success depends on your evidence.
Key features:
- Must prove grounds
- Notice periods vary (2 weeks to 4 months)
- Full court hearing typically
- Outcome depends on evidence and ground type
- Will be the only route after May 2026
Side-by-side comparison
| Aspect | Section 21 | Section 8 |
|---|---|---|
| Reason required? | No | Yes (specific grounds) |
| Notice period | 2 months | 2 weeks to 4 months |
| Court procedure | Accelerated (paper-based) | Full hearing |
| Success rate | ~100% if valid | Depends on evidence |
| When to use | End tenancy without fault | Tenant breach or specific grounds |
| Future availability | Abolished May 2026 | Only route from May 2026 |
When to use each (currently)
Until Section 21 abolition:
- Section 21: When you want to end the tenancy without proving anything—relationship breakdown, want to sell, or just want a change
- Section 8: When you have grounds (rent arrears, ASB) and want a potentially faster route
- Both together: Many landlords serve both for maximum flexibility
What changes after May 2026?
Section 21 disappears entirely. All evictions go through Section 8. New grounds are being added (landlord sale, expanded family occupation) to partially fill the gap.
Landlords must learn Section 8 thoroughly. Evidence-gathering and proper procedure become essential, not optional.
Frequently asked questions
Which is faster?
It depends. Section 21 has a longer notice period (2 months vs 2 weeks for rent arrears) but simpler court procedure. Section 8 can start faster but may have contested hearings. Overall timelines are often similar.
Which is cheaper?
Court fees are the same (£355). Section 21's accelerated procedure may save legal costs by avoiding a hearing. Section 8 may require more preparation and potentially representation.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
- Document storage with AI-powered certificate reading
- Tenancy tracking and rent management
LandlordOS tip
Start learning Section 8 now, even if you've always used Section 21. Understand each ground, what evidence you need, and how hearings work. The landlords who adapt early will manage the transition smoothly.