An eviction notice is the first step a landlord makes to end your tenancy. Eviction can be a long process that undergoes three key stages: notice, court action and eviction by bailiffs.
To evict a tenant, a landlord must adhere to legal process or else it may be an unlawful eviction. For this to happen your landlord may not have provided ample notice that you are being evicted, changed the locks without notice, or evicted you without a court order.
Even if the landlord’s property has been repossessed by a mortgage lender, they are now liable for providing an eviction notice so you have time to find a new home.
The type of notice you are entitled to depends on the type of tenancy you have. Most private renders have assured shorthold tenancies, which require a minimum notice requirement of 28 days. If you have a monthly tenancy, you are provided with one month’s notice. Some renters will pay rent in longer intervals, in which case the notice period must be equivalent to that rental period.
A Section 8 notice is used by landlords to start the process of evicting a shorthold tenant from their property, due to a breach in the terms of their tenancy agreement. In this circumstance, landlords must provide specific grounds for eviction.
Grounds for eviction are set in the Housing Act 1988 and are a list of reasons by which a landlord may seek to reclaim their property, which includes:
A landlord must be able to provide proof for grounds of eviction in court. This is to prevent any false claims to serving a Section 8 notice.
The notice period for a Section 8 notice is dependent on the grounds for eviction. For example, serving Section 8 due to rent arrears usually requires 2 weeks’ notice. However, there are cases where notice periods are extended. During the COVID-19 pandemic, extended notice periods were briefly introduced to support tenants during financially difficult times.
A tenant must have vacated the premises by the date specified in the notice. If the tenant fails to do so, the landlord can apply for a possession order.
A Section 21 notice is commonly called a ‘no-fault’ eviction and is served by a landlord to end a shorthold tenancy. Unlike a Section 8 notice, the landlord does not have to give a reason for evicting the tenant, hence the title ‘no-fault’.
When served with a Section 21 notice, it doesn’t mean a tenant has breached their contract. It can just mean that a landlord has different intentions for their property, which they are not required to explain, such as selling, moving back into the property, demolishing it etc.
The notice period for a Section 21 notice is a minimum of 2 months. Like any form of eviction notice, Section 21 can be disputed and invalidated…
Because of the nature of a Section 21 notice (being faultless), there are strict stipulations and rules that must be followed by the landlord for the notice to be valid. This is to prevent landlords from exploiting the system- which the Renters’ Reform Bill identifies as an ongoing issue with this type of eviction.
With a Section 21 notice, a tenant has possible negotiation power. The terms of the eviction can be negotiated, such as the notice period or the landlord’s input on a new property search.
| Section 8 Notice | Section 21 Notice |
| The landlord must provide a reason, known as grounds for eviction, to serve the notice. | The landlord does not have to provide a reason for evicting the tenant or serving the notice. |
| If the tenant chooses to dispute the grounds or make a counterclaim, under any circumstance, Section 8 notice will require one hearing. | A Section 21 notice is a paper-based process and requires no hearings. |
| The validity of a Section 8 notice is not always dependent on the documents a landlord has or has not served; however, this may be referenced in a tenant’s counterclaim if relevant. | A Section 21 notice’s validity can be challenged, especially when there is disrepair or certain documents have not been provided prior to the notice being served. These documents may include:A How-To-Rent GuideProperty license or licensing applicationsAn Energy Performance Certificate or Gas Safety Certificate |
| A Section 8 notice can be served at any stage of the tenancy and the tenancy can be terminated before any fixed term in the agreement passes. | Section 21 notices cannot be served in the first four months of a tenancy contract or after a complaint about the property has been made. |
| Depending on the grounds for eviction, the notice period for Section 8 can be 2 weeks or 2 months. | The notice period of Section 21 is a minimum of 2 months. |
We hope after reading this blog you’re confident you know the difference between Section 8 and Section 21 notices!
In either case, being served an eviction notice can be a distressing time. Whether you are looking to make a counterclaim to a Section 8 notice or want to invalidate or negotiate the terms of a Section 21 notice, Blacks Legal are here to help.
Our team of reputable residential property solicitors are on hand to oversee and support whatever concerns you may have.
If you have questions about Section 8 or Section 21 notices or are seeking legal advice, please get in touch with us! You can email us at info@blackslegal.co.uk or call us on 020 3835 4030.