The majority of tenancies end by mutual consent. When this isn't possible, eviction is the process a landlord can use to gain possession of a tenanted property.
In England and Wales there are two types of eviction:
- Section 21/ No Fault Notice
- Section 8
What is the difference between Section 21 and Section 8 Evictions?
Section 21 Evictions
- Gives tenants at least two months' notice
- Landlords don't need to give any reason, or ground, to justify the notice.
- Can be used if the tenancy is periodic.
- Can be used during a fixed term in order to end the tenancy on or after the end of the fixed term or in accordance with a break clause.
- Can use the accelerated possession procedure.
You can read our full guide to Section 21 notices here.
Section 8 Evictions
- The notice period will vary, depending on reasons given by the landlord.
- Requires the landlord to give at least one reason (ground) for why they are serving notice.
- Can be used if the tenancy is periodic or in a fixed term, providing that at least one ground applies.
Landlords may choose to use this notice where the tenant is in at least two months’ of rent arrears and there is a significant period of time left on the fixed term tenancy however must take independent legal advice before doing so.
You can read more about Section 8 evictions and the different grounds here.
Can a landlord serve notice if the contract is still within a fixed term?
Yes, landlords can evict tenants within the fixed term of a contract. However, landlords should ensure that they are using the correct type of eviction notice.
Landlords will need to use Section 8 to evict tenants during the term of a fixed term contract, unless there is a break clause. To use a Section 8 notice, landlords must rely on certain grounds.
Can a landlord serve notice if the tenancy is periodic?
Yes, a landlord can serve either a Section 21 or a Section 8 notice of eviction if the fixed term has ended. Most landlords will choose to rely on a Section 21 notice during a periodic tenancy as it is not necessary to rely on specific grounds and the accelerated possession procedure can be used.
How can landlords serve notice?
Landlords can serve a Section 21 Notice using our easy to use notice serving tool . To serve a Section 8 notice landlords must Form 3 which can be downloaded from the government's website.
Certain information must be included in the Section 8 notice - failure to include the correct information may result in the notice being invalid and could prevent you from successfully pursuing a possession application. You must not change any of the wording of the forms as this may also invalidate the notice.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.