Section 21 vs Section 8: which notice should I serve?

If you need to end a tenancy, you'll usually choose between two notices. Picking the wrong one can cost you weeks (or worse, get your case thrown out of court).

Section 21 (the "no-fault" notice)

Section 21 of the Housing Act 1988 lets you end an Assured Shorthold Tenancy without giving a reason. It currently requires:

• Two months' notice (minimum).
• The deposit must be in a government-backed scheme and the prescribed information served.
• A valid Energy Performance Certificate (EPC), Gas Safety Certificate, and the government's "How to Rent" guide must have been given to the tenant.
• You can't serve a Section 21 in the first four months of a fixed-term tenancy.

The Renters Reform Bill (when fully in force) will phase Section 21 out. Until that day arrives though, it's still the cleanest route for landlords who simply want their property back.

Section 8 (the "with grounds" notice)

Section 8 requires you to cite at least one of 17 grounds in Schedule 2 of the Housing Act 1988. Common ones:

• Ground 8: more than 2 months of rent arrears (mandatory ground; the court must grant possession).
• Ground 10 / 11: persistent late payment.
• Ground 12: breach of tenancy agreement.
• Ground 14: anti-social behaviour.

Notice periods range from 2 weeks (rent arrears) to 2 months (some discretionary grounds).

So which one?

• Tenant has done nothing wrong, you just want the property back: Section 21 (while it lasts).
• Tenant is in serious arrears or breaching the agreement: Section 8 (often Ground 8 + 10 + 11 together).
• You want certainty of possession: Section 8 with a mandatory ground (8) gives you that, but only if you can prove the arrears.

Track everything in havelo

The Legal Cases module in havelo (/dashboard/legal) has both notice types built in, with the section 8 grounds picker and a status timeline (drafted, served, hearing listed, possession order, bailiff). It also captures court reference numbers and total costs.

This is general guidance only. Eviction is one of those areas where the right answer often depends on specifics that aren't visible from a blog post, so for any contested case please consult a qualified solicitor.