Assured Shorthold Tenancy
An Assured Shorthold Tenancy (AST) offers landlords certain rights, including the ability to regain possession of their property. This guide outlines the key methods for evicting tenants in England under an AST, including Section 21 and Section 8 notices, as well as the grounds for possession.
What is an Assured Shorthold Tenancy?
An AST is a common type of tenancy agreement in England that provides tenants with limited security of tenure. Landlords have the legal right to reclaim possession of their property at the end of the tenancy, even if the tenant has not breached any terms.
Note: In Wales, ASTs were replaced by Standard Occupation Contracts on 1 December 2022. This guidance applies to England only.
Eviction Using a Section 21 Notice
A Section 21 Notice under the Housing Act 1988 enables landlords to regain possession of their property without proving the tenant has breached the tenancy agreement.
Key Points About Section 21 Notices
- Notice Period:
- A Section 21 notice must give the tenant at least two months’ notice.
- Prescribed Form:
- The notice must be served using Form 6A, the prescribed legal format.
- Timing Restrictions:
- A Section 21 notice cannot be served within the first 4 months of the tenancy.
- Validity Period:
- The notice is valid for 6 months. If the landlord does not issue a possession claim within this period, a new notice must be served.
Requirements for a Valid Section 21 Notice
Before serving a Section 21 notice, landlords must ensure compliance with legal requirements, including:
- Providing the tenant with an EPC (Energy Performance Certificate), Gas Safety Certificate, and How to Rent Guide.
- Protecting the tenant’s deposit in an approved Tenancy Deposit Scheme.
Our team at Landlord Advice UK offers compliance checks to ensure Section 21 notices are valid before serving them.
Eviction Using a Section 8 Notice
A Section 8 Notice is used when the tenant has breached the terms of the tenancy. This notice relies on specific grounds for possession as outlined in Schedule 2 of the Housing Act 1988.
Common Grounds for Possession Under Section 8
- Rent Arrears: Failure to pay rent for a specified period.
- Late Rent Payments: Persistent delays in paying rent.
- Anti-Social Behaviour: Includes illegal or immoral activity, or nuisance to neighbours.
- Serious Offences: The tenant or a household member has been convicted of a serious offence in or near the property.
- Breach of Tenancy Terms: Other than rent-related breaches.
- Property Damage: Causing significant damage to the property or furnishings.
- False Information: The tenant knowingly or recklessly provided false information to secure the tenancy.
Mandatory vs. Discretionary Grounds
- Mandatory Grounds:
- If proven, the court must grant possession (e.g., substantial rent arrears).
- Discretionary Grounds:
- The court may grant possession if it considers it reasonable to do so (e.g., minor breaches or nuisance behaviour).
Serving a Section 8 Notice
- The notice must be served using Form 3, the prescribed legal format.
- It must specify the ground(s) being relied upon and the required notice period:
- 14 Days: For unpaid rent (the most common ground).
- No Notice Period: For Ground 14 (anti-social behaviour or illegal activity).
Court Discretion for Section 8 Notices
The court has the power to dispense with the requirement to serve a Section 8 notice in certain circumstances, such as minor errors on the notice or emergency situations.
Differences Between Section 21 and Section 8 Notices
Aspect | Section 21 Notice | Section 8 Notice |
---|---|---|
Reason for Possession | No tenant fault required | Specific tenant breach required |
Notice Period | 2 months | Vary |
Grounds for Possession | Not required | Required (as per Schedule 2) |
Court Order | Mandatory for possession | Court discretion may apply |
Key Legal Points to Remember
- Rent Repayment Orders:
- Tenants may seek repayment of rent if the eviction process violates legal requirements.
- Banning Orders:
- Landlords convicted of certain offences may face banning orders preventing them from renting properties.
- Right to Appeal:
- Tenants can challenge possession claims in court, particularly on discretionary grounds.
How Landlord Advice UK Can Help
Evicting a tenant under an AST requires strict adherence to legal procedures to avoid delays or penalties. Our team at Landlord Advice UK can assist with:
- Drafting and serving valid Section 21 and Section 8 notices.
- Conducting compliance checks to ensure all legal requirements are met.
- Representing landlords in court during possession claims.
Contact us today for expert advice and support to streamline the eviction process and protect your property rights.


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