The Difference Between a Section 8 and Section 21

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This article relates to previous legislation and has been superseded by the Renters’ Rights Act. It is retained for reference only and may not reflect current legal requirements. We recommend checking our newer content for current guidance.

The most basic difference between a section 8 and section 21 is that a section 8 notice is served when a tenant is in breach of contract (eg,, rent arrears), and a section 21 is served to end a tenancy agreement, simply so that the landlord can regain possession.

A “section 8 notice to quit”, also known as a “section 8 possession notice” is used to terminate an Assured Shorthold Tenancy Agreement (AST), and can be used at any time during a tenancy.  Rent arrears are the most common cause of a section 8 notice.

A landlord cannot evict their tenant without first obtaining an order for possession from a court.  Before you do this, you must serve a “Section 8 notice to quit” form on the tenant. This notice states that you intend to seek possession of the property and states the ground(s) on which possession is sought.

A “section 21 notice of possession” is served to end a tenancy agreement, and requires no other reason for serving the notice other than they want the tenant to vacate.