Section 21 vs Section 8: a plain-English guide for landlords
Updated 7 July 2026
Until recently, landlords in England had two main routes to end a tenancy: Section 21 and Section 8. Section 21 was the simpler one — no reason needed, just give notice and wait. Section 8 required a specific ground, like rent arrears or a breach of the tenancy agreement.
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and changed this landscape. Section 21 abolition came into force on 1 May 2026. This guide explains what that means for landlords in England.
Quick summary
| Section 21 | Section 8 | |
|---|---|---|
| Reason needed? | No | Yes — a specific ground |
| Notice period | 2 months (usually) | 2 weeks to 6 months (depending on ground) |
| Court order required? | Yes, to evict | Yes, to evict |
| Available? | No — abolished by Renters' Rights Act 2025, effective 1 May 2026 | Yes — still the only route |
If you're a landlord in England and you need to end a tenancy, Section 21 is no longer available. Section 8 is now the only legal route to recover a property.
Note on Scotland and Wales: This post covers England only. Scotland's private rented sector is governed by the Private Housing (Tenancies) (Scotland) Act 2016, which introduced the Private Residential Tenancy and already abolished "no-fault" evictions in Scotland. Wales has its own framework under the Renting Homes (Wales) Act 2016. Landlords in Scotland or Wales should refer to the relevant national legislation.
What Section 8 is — and how it works
Section 8 of the Housing Act 1988 allows a landlord to end a tenancy by serving a notice on the tenant, citing one or more of the statutory grounds for possession. If the tenant doesn't leave voluntarily, you apply to the court for a possession order.
Grounds fall into two categories:
Mandatory grounds (must be granted if proven):
- Ground 8 — at least 2 months' rent arrears on the due date (and still outstanding at the hearing)
- Ground 1 — landlord's notice to re-occupy the property
- Ground 3 — property subject to a mortgage and the mortgagee requires possession
Discretionary grounds (court decides):
- Ground 2 — landlord requires the property as their own home
- Ground 6 — student accommodation to be used for its intended purpose
- Ground 12 — property to be demolished or substantially refurbished
- Ground 14 — letting to a close family member
- Ground 17 — breach of tenancy obligations by the tenant
- Other grounds related to nuisance, domestic violence, and similar
For most landlords dealing with a tenant who won't pay rent or who has breached the tenancy, Ground 8 is the most commonly used. For serious rent arrears (eight weeks or more), it becomes mandatory — the court must grant possession if the ground is established.
What changed with the Renters' Rights Act 2025
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Section 21 abolition came into force on 1 May 2026 as the first phase of commencement. The full implementation of the Act (including the Decent Homes Standard and private rented sector database) is phased throughout 2026.
The key changes relevant to landlords:
- Section 21 abolished — landlords can no longer issue a no-fault eviction notice in England. Section 8 is now the sole route to recover a property.
- Decent Homes Standard — being applied to the private rented sector (phased through 2026)
- Awaab's Law — time limits for landlords to address serious hazards (brought forward from the Social Housing Act 2023 framework)
- Rent increases — capped at once per year, with more restrictive rules on in-tenancy increases
Why this matters for compliance more broadly
Here's the practical connection: you may have heard that serving a valid Section 21 notice requires certain preconditions to be in place — a valid EPC, a valid gas safety certificate, a valid How to Rent guide, deposit protection, and so on. These are called the "no-fault eviction requirements" because a Section 21 notice cannot be validly served if any of them are missing.
With Section 21 gone, the logic is different. The preconditions still matter — they're legal obligations in their own right. But failing them no longer specifically "blocks" a Section 21 notice (because there is no Section 21 notice to block). They remain independent legal breaches that can result in fines, enforcement, or tenant claims.
In practice: keep your gas safety, EICR, EPC, deposit protection, and How to Rent documentation current and in order at all times — not because they're blocking a Section 21, but because they're independently required by law.
When to get legal advice
Section 8 possession proceedings are court proceedings. If you're at the point of needing to evict a tenant — particularly on discretionary grounds, or where the tenant is defending the claim — get professional advice. A letting agent, a solicitor, or a housing law specialist will be able to advise on whether your grounds are well-evidenced and how to present your case.
The court process for Section 8 can take several months, particularly if the tenant contests it or requests an adjournment. Plan accordingly.
Don't let compliance catch you out
Whether you're dealing with rent arrears, a property you need back, or a tenant whose circumstances have changed, good record-keeping makes every stage of a potential Section 8 process smoother. LandlordsDiary tracks all your compliance certificates in one place, so one less thing to worry about when things get complicated.
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This guide is not legal advice. For advice on your specific situation, consult a qualified solicitor or housing law specialist.