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:
1. Section 21 (also know as "no fault" evictions)
2. Section 8
What is the difference between Section 21 and Section 8 Evictions
Section 21 Evictions
- Normally gives tenants at least two months' notice ( the notice period was adjusted during the COVID-19 pandemic).
- Landlords don't need to give any reason, or ground, to justify the notice.
- Can be used if the tenancy is periodic or during a fixed term, in limited situations.
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 the at least one ground applies.
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 depending on their specific circumstances. In most cases landlords will need to use Section 8 to evict tenants during a fixed term contract. However, there are limited situations where a Section 21 notice may be valid during a fixed term.
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.
How can landlords serve notice?
Landlords can serve notice to their tenants by using specific legal forms. The type of form landlords need to use will depend on whether they are issuing a Section 21 or a Section 8 notice. You can download sample forms from the government's website.
When serving notice certain prescribed information must be included - failure to serve the correct prescribed information may result in the proposed action being invalidated. Please use the link below to learn more about what information needs to be served with the notice.
- Sample forms and further details of prescribed information
You can read a more detailed explanation of how to serve notice here.
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.