As a landlord, an issue with a tenant can arise at any time and even to the stage where you need to evict them via the legal route. Section 8 and 21 Notices are two methods you can use to legally terminate an assured shorthold tenancy agreement and require the tenant to vacate your property. Both of these notices are governed by the The Housing Act 1988.
What is a Section 21 Notice?
A Section 21 Notice is issued to the tenant if you wish them to vacate your property with no fault of their own. Sometimes called a ‘no-fault’ notice, you can use Section 21 to evict your tenant without having to give a reason. Even if you are evicting the tenant due to their misconduct, you do not need to confirm this to the Court.
What is a Section 8 Notice?
A Section 8 Notice is issued when there is valid reason to evict the tenant. It allows you to take legal action when an assured or an assured shorthold tenant has breached the terms of the tenancy agreement. This could be for a breach of the agreement, non-payment of rent over a specific period of time among others.

The distinct difference between the 2 notices is that with a Section 8 Notice, the landlord must select at least one of the discretionary or mandatory grounds listed in the Housing Act 1988 whereas for a Section 21, the landlord does not have to provide a reason for serving the Notice.

If there is a dispute with the Notice by the tenant or if they decide to make a counterclaim, a Section 8 Notice will always require at least one hearing at the court.

If you opt for a Section 21 Notice and the accelerated procedure for possession only, it can be a paper-based process requiring no hearings.

A tenant can challenge the validity of a Section 21 Notice if particular documents have not been given to them before the Notice has been served, or if the deposit was not dealt with correctly.

You can serve a Section 8 Notice at any point during the tenancy, and you may be able to end the tenancy before any fixed term in the agreement elapses.

A landlord cannot serve a Section 21 Notice during the first four months of the tenancy, and the notice period is two months. The notice period cannot expire within the fixed term period of the tenancy.
Can Both Notices Be Served at the Same Time?
A landlord can serve a Section 8 simultaneously with a Section 21 Notice. The Notices are served simultaneously but are independent of one another.

A landlord might serve a Section 8 Notice for rent arrears and a Section 21 for possession. 

Even if the tenant repays the back rent, the landlord may want and have legitimate grounds to take control of the property for reasons that have nothing to do with a breach of the tenancy agreement. The Section 21 notice therefore acts as a backup. 

If you are having issues with the tenant and need help in having them evicted, please get in touch with the LUX team and we will happily assist in having this matter resolved for you.