Section 8 or Section 21: Which Notice Should You Use in 2025?

Choosing between Section 8 or Section 21: Which Notice Should You Use in 2025? It is one of the most critical decisions landlords in England will face this year.

Each notice serves a different legal purpose under the Housing Act 1988, and using the wrong one can cause severe delays, financial loss, or even dismissal of your claim.

This guide explains everything landlords need to know about Section 8 or Section 21: Which Notice Should You Use in 2025? And how to apply the correct procedure safely and legally.

Understanding Section 8 and Section 21 Notices

Section 8 and Section 21 are both legal routes to regain possession of a property in England.

A Section 8 notice is used when a tenant breaches the tenancy agreement, such as by failing to pay rent, causing damage, or engaging in antisocial behaviour. It is a fault-based eviction process requiring proof of breach.

A Section 21 notice, on the other hand, allows landlords to end an Assured Shorthold Tenancy without alleging any fault.

This is often called the no-fault route. It’s typically used when the landlord wishes to sell, move back in, or end the tenancy after the fixed term.

When to Use Section 8

Section 8 is the preferred option when tenants break the terms of the tenancy. Common examples include rent arrears, property damage, or nuisance complaints.

Under Section 8, landlords must rely on one or more of the statutory grounds for possession listed in Schedule 2 of the Housing Act 1988. These include:

Rent arrears (Ground 8, 10, or 11)
Property damage (Ground 13)
Breach of agreement (Ground 12)
Antisocial behaviour (Ground 14)

The notice must be served using Form 3 and specify which grounds apply. Notice periods range from two weeks to two months, depending on the grounds. If the tenant doesn’t leave, landlords can apply to the court for a possession order.

When to Use Section 21

A Section 21 notice is used to end a tenancy after the fixed term without alleging any breach. It’s ideal for landlords who want vacant possession to sell, renovate, or reoccupy the property.

However, the law requires strict compliance before a Section 21 can be valid. Landlords must have:

Protected the deposit in an approved scheme
Provided the tenant with a Gas Safety Certificate, EPC, and the latest “How to Rent” guide
Complied with all licensing requirements

Section 21 notices must be issued using Form 6A and give tenants at least two months’ notice.

Changes Coming in 2025

With the introduction of the Renters’ Rights Bill, Section 21 is expected to be abolished. This means landlords will no longer be able to evict tenants without showing a legal reason.

In 2025, landlords will increasingly depend on Section 8 grounds — such as selling, moving back in, or rent arrears — to regain possession. Understanding Section 8 or Section 21: Which Notice Should You Use in 2025? It is therefore crucial as the legal landscape shifts.

Which is Faster in 2025?

Historically, Section 21 has been faster because of the accelerated possession process, which avoids a hearing unless disputed. But after the reforms, the difference will narrow.

Courts are modernising and will streamline Section 8 cases, particularly those involving mandatory grounds such as rent arrears. For landlords, accuracy and documentation will matter more than speed.

Serving the Notice Correctly

Whichever route you choose, proper service is critical. A mistake in dates, form, or delivery can make your notice invalid.

You may serve the notice:

By hand delivery
By posting through the tenant’s letterbox
By recorded delivery

Always keep proof of service. Never remove a tenant yourself; this is illegal under the Protection from Eviction Act 1977.

Avoiding Common Mistakes

Landlords often lose possession cases due to technical errors. The most common issues include:

Serving the wrong form
Failing to protect the deposit
Missing compliance documents
Using Section 21 where licensing or repair obligations remain outstanding
Attempting eviction without a court order

Each of these can delay or derail your claim, making it vital to double-check compliance before acting.

Professional Help for Landlords

Given the legal complexity of eviction, professional assistance can save significant time and risk. Expert advisors or landlord associations can help with:

Drafting and serving compliant notices
Court representation
Defending against retaliatory eviction claims
Interpreting the upcoming Renters’ Rights Bill requirements

This guidance ensures that every step is lawful and backed by evidence.

FAQs

Can I serve both Section 8 and Section 21 at the same time?

Yes. Many landlords issue both to protect their position in case one route fails.

Do tenants have to pay rent after receiving notice?

Yes, rent remains due until the tenant leaves or the court ends the tenancy.

What if the tenant disputes the disrepair?

A Section 21 notice may be invalid if the tenant made a legitimate repair complaint. Section 8 may still apply depending on the circumstances.

Can I evict a tenant without a court order?

No. Eviction without a court order is a criminal offence.

Will Section 21 still be available by the end of 2025?

Probably not. The government intends to abolish it entirely as part of the Renters’ Rights Bill rollout.

Conclusion

Understanding Section 8 or Section 21: Which Notice Should You Use in 2025? It is essential for every landlord who wants to act lawfully and efficiently.

If your tenant has breached the tenancy, use Section 8. If you want possession at the end of a term, use Section 21 while it’s still available. With reforms ahead, staying informed and compliant will ensure a smooth transition into the new tenancy framework.

Read our top read blogs:

Why Landlords Are Selling Up Urgently?

The Renters Reform Bill: A Step Backwards for Landlords and the Housing Market?

Defending a Claim for Unlawful Eviction

Need help now? Contact Landlord Advice UK today for tailored guidance and practical support to future-proof your rental business.