Understanding section 8 and section 21 notices for landlords – common questions answered.
What is the difference between section 8 and section 21 notices in the UK?
A section 8 notice is used by landlords in England and Wales to regain possession of a property due to specific legal grounds, usually related to tenant behaviour or rent arrears. In contrast, a section 21 notice, known as a 'no-fault' eviction, allows a landlord to regain possession of their property without citing a specific legal reason once the fixed tenancy period has ended or during a rolling tenancy.
How long does a tenant have to vacate after receiving a section 21 notice?
After receiving a valid section 21 notice, tenants usually have a minimum of two months to vacate the property. If a tenant does not leave the property after the notice period, the landlord must apply to the court to gain a possession order, followed by bailiff enforcement if necessary.
Can landlords issue both section 8 and section 21 notices simultaneously?
Yes, landlords in England and Wales can serve both section 8 and section 21 notices simultaneously or separately, provided each notice independently meets its own criteria and procedures. This can be beneficial if a landlord wishes to expedite the repossession process or is uncertain about the strength of the grounds outlined in a section 8 notice.
What makes a section 21 notice invalid?
Common factors which can invalidate a section 21 notice include failing to protect the tenant's deposit within an approved deposit protection scheme, neglecting to provide prescribed information to tenants, or not supplying tenants with an up-to-date Energy Performance Certificate (EPC), Gas Safety Certificate, and Government 'How to Rent' guide. Landlords must ensure these documents and procedures are properly completed before serving a section 21 notice to avoid invalidation.
When can a landlord serve a section 8 notice to tenants?
A landlord can serve a section 8 notice on tenants when there is specific legal justification, such as rent arrears, anti-social behaviour, property damage, or breach of a tenancy agreement condition. To issue a section 8 notice, the grounds listed in the Housing Act 1988 must clearly apply, and the notice must detail each applicable ground to be valid.
How much notice must landlords provide under a section 8 notice?
The notice period for a section 8 notice varies depending upon the grounds given. Typically, if the tenant has rent arrears of more than two months or severe anti-social behaviour, landlords can provide as little as two weeks' notice. For other grounds such as breach of contract or damage to property, the notice required may be longer and can range from two weeks to two months depending on the grounds stated.
Can a tenant contest a section 8 or section 21 notice?
Yes, tenants can contest both section 8 and section 21 notices if they feel they are invalid or incorrect. For section 8 notices, tenants can dispute the grounds outlined by providing evidence against the landlord's claims. With a section 21 notice, the tenant may contest its validity if the notice period is incorrect or the notice does not meet legal requirements, such as compliance with deposit protection or the provision of required rental documents.
Do landlords need a reason to issue a section 21 eviction notice?
No, landlords do not need to provide a specific reason when issuing a section 21 notice, hence the term 'no-fault eviction'. However, landlords must comply with legal prerequisites and procedural regulations, including appropriate notice periods and mandatory documentation, to make the eviction process legally enforceable.
Please note: This guide is a brief overview of a complex and difficult area of law. Is it is not intended as legal advice and you should seek specific advice from a solicitor on your particular situation. To be referred to a specialist solicitor please contact us on 0161 696 6170.
Tenant failed to pay 27th October - 1 month arrears
Money Claim issued for rent arrears via MCOL
If tenant doesn't pay on 27th November, that is 2 months' rent arrears.
Can a section 8 notice be issued for the 2 months' arrears, while the money claim for the first month is still active?
Response from Stephensons
Thank you for your comment. Our specialist solicitors would be happy to help but need some more information to be able to advise you accurately. If you could call us on 0161 696 6170 , alternatively please complete our online enquiry form and the team will contact you directly.
I want to issue a Section 8 and need to know if no Elect Cert (tenants have refused entry repeatedly and evidenced) as well as no protected deposit affects Section 8 Mandatory ground 1 or if Section 8 is independent from these
Response from Stephensons
Thank you for your comment. The deposit rules can have implications when issuing a Section 8 Notice especially if there has been a breach. This is an area our experienced team can fully advise you on, however they would need some more details to do so accurately. If you can please call us on 0161 696 6170 to provide some additional information, alternatively please complete our online enquiry form and we will contact you directly.
Good evening
Is it possible for my landlord to issue a section 21 notice after my rent has been increased 3 times and no tenancy agreement issue on the two last ones?
The three rent increase the landlord has not issued me with, how to rent guide nor EPC ratings, or gas certificate and there is none in an area i n the house.
Response from Stephensons
Thank you for your comment. There are a number of issues to be considered if you have been served with a Section 21 Notice. Your local Citizens Advice maybe able to advise you on the best course of action for your situation. Shelter also offer some useful information on the process: Shelter - Section 21 eviction.
Hi, we initiated the Section 21 notice to our tenent and the claim has now gone to court, stating the defence that we didnt issue the Section 21 correctly. If we abandon this claim and issue a fresh setion 21, will we be liable to pay the tenent costs for duty solicitor for court appreance.
Thanks
Response from Stephensons
Thank you for your comment. Our specialist solicitors would be happy to help but would need more information to be able to advise you accurately. If you could call us on 0333 999 7155 the team will assist, alternatively please email commercialenquiries@stephensons.co.uk and we will contact you directly. You can also complete our online enquiry form.
Hi
I initially let my Property out via a letting agent who found a tenant on my behalf in 2014, they issued the How to rent guide, the EPC cert (valid until this year) and the tenancy at the time. The tenant left the Property in Jan 2022 but I didn't notify me and I didn't find out until May 2022 when chasing late payment for rent - she advised she had left but her Partner was still living there.... On the inspection prior to her leaving I had noted a few damages to the Property and advised she got these fixed asap. She did not get these fixed prior to leaving.
Her Partner / Now Ex Partner continued to live there since and generally pays rent on time. However there has been substantial damage to the property since which I noted during inspections in and around September 2023. I wrote the remaining Tenant a letter and gave him a staggered schedule of repair to which he agreed all to be complete by March this year - he is now behind on the December Schedule and likely not going to be in time to keep to the January one. I have since done a thorough inspection using the original itineary and pictures taken in 2014 as comparison and noted a lot more damage, rubbish all over the garden and lack of cleanliness (this more thorough inspection was done due to the amount of Furniture the tenant has put in the property and lack of tidiness generally preventing thorough inspection prior to this. the remaining Tenent has never been offered a new tenancy agreement - it has been a Verbal agreement since I discovered the previous tenent left
He is now saying he doest have the time or the money to carry out the repairs on time. I feel he is stalling and will attempt to leave the property without notice etc. leaving me to pay the mortgage and cover the cost of repairs - Where do I stand on this? What Can I do? Ideally i want this tenant to Pay to rectify the damages and I want him out of the property ASAP.
Response from Stephensons
Thank you for your comment. Our specialist landlord solicitors would be happy to help. If you could call us on 0333 999 7155 the team will advise you in more detail, alternatively please email commercialenquiries@stephensons.co.uk and we will contact you directly. You can also complete our online enquiry form.
Hi I've served a section 21 on my tenant 2 years ago but I hadn't protected her bond for 8 years, as soon as I knew I was in breach of the deposit protection rules I protected it, I now have served another section 21, however I forgot to give her prescribed information! Will the judge still grant possession? I'm worried I haven't followed rules and won't get my property back because of the late protection.
Response from Stephensons
The current deposit rules state that a tenancy deposit must be protected within 30 days of receipt of the deposit payment therefore, protecting this late, wouldn’t remedy the landlord’s breach and the notice will likely be considered to be invalid. To mitigate their loss, landlords may wish to consider returning the deposit in full to the tenant which will mean they can then serve a valid section 21 notice and this would also limit the tenant’s potential claim against the landlord for a breach of the tenancy deposit rules. Should you wish to obtain specialist advice in relation to this, please do contact our team on 0161 696 6170.
My tenant has been in situ since January 2013. The AST morphed into a periodic tenancy. He is now in rent arrears and I wish to serve him a Section 8 notice. I have an up to date gas safety certificate and EHIC. but do not have an EPC as this was not required in 2013. Will this lack of and EPC compromise my ability to use Section 8?
Response from Stephensons
If a tenancy agreement began before 1 October 2015 and a new fixed term has not been entered into, there is no requirement for an Energy Performance Certificate (EPC) to be served. It is always best practice to have an EPC in place however, this shouldn’t prevent the service of a Section 8 Notice. If you need any further advice on your requirements as a landlord or how to serve a valid Section 8 Notice, please do call us on 0333 999 7155 or complete our online enquiry form and we will contact you directly.
I issued a section 8 notice, failed to mention the term 'Ground 8' in my N119 submission and lost the possession claim! The judge said I could still use my Section 8 notice for issuing a new possession claim. However, the tenancy is due to end in a few days and will become a rolling periodic one. Can I indeed still rely on the original Section 8 or will it need to be a Section 21 due to the switch to periodic? The Judge wasn't aware of the end date of fixed term AST. I have 9 days before the switch to periodic.
Response from Stephensons
A periodic tenancy doesn’t prevent a landlord from serving either a Section 8 Notice or Section 21 Notice. Ground 8 is crucial for a Section 8 claim as this is the mandatory ground for possession based on rent arrears and therefore, should be relied upon within the notice. If you would like advice and assistance on your options moving forward, please feel free to contact our specialist team on 0333 999 7155.
If a letting agent has put only their name on the AST will this be valid on possession proceedings? The notice is in the landlords name c/o the agent and the agent signed on behalf of the landlord with letter of authority from the landlord. Only concern is that the AST doesn't have the landlords name.
Response from Stephensons
Thank you for your comment. Our specialist landlord solicitors would be happy to help. If you could call us on 0333 999 7155 the team will advise you in more detail, alternatively please email commercialenquiries@stephensons.co.uk and we will contact you directly. You can also complete our online enquiry form.
Hi. My tenant lives in flat 3 of a hmo and shares shower and wc with other tenants, The agreement refers to flat 3 but my notice of possession s21 was declared void by the judge as I hadn't put flat 3 on the notice or claim, just the property address. It is an HMO. Is the judge correct to do this? I have done this before and everything proceeded fine.
Response from Stephensons
Thank you for your comment. Incorrectly identifying the complete property address on a notice seeking possession and/or a claim form can often lead to a claim being struck out by the court. If you would like advice and assistance on your options moving forward, please feel free to contact our team on 0333 999 7155.
I served S21 in March to my tenant but did not attach the updated version of How to Rent, even though l had attached one to the original tenancy contract in Dec 2016. Did not realise l had to attach it again (updated). Is my S21 still valid? Thanks
Response from Stephensons
The How to Rent Guide should always be served at the start of the original tenancy and it is important to serve the most up-to-date version available at that time. However, you don’t need to keep providing a copy when new versions are released.
A new copy of the How to Rent Guide only needs to be served if a tenancy is renewed and a new version of the guide has been released at the time of the renewal. If you need any further assistance our specialist solicitors would be happy to help, please call us on 0333 999 7155.
I am Executor of my fathers will. He owned a flat which is being rented. The family wish to sell the property, not take ownership and become landlord. I cannot complete a sale until Probate is granted but I can put the property up for sale. Can I serve notice now to obtain vacant possession status.
Response from Stephensons
Thank you for your comment. Our specialist landlord solicitors would be happy to help. If you could call us on 0333 999 7155 the team will advise you in more detail, alternatively please email commercialenquiries@stephensons.co.uk and we will contact you directly. You can also complete our online enquiry form.
If I'm served a section 21 notice do I myself still have to give notice to leave?
Response from Stephensons
Thank you for your comment. There are a number of issues to be considered if you have been served with a Section 21 Notice. Please feel free to contact our team on 0333 999 7155 for more information about how Stephensons can assist.