For Assured Shorthold Tenancies in England and Wales, Section 21 (the "no-fault" route) and Section 8 (the "grounds-based" route) are the two legal mechanisms for recovering possession from a tenant. Section 21 is being abolished under the Renters'' Rights Bill expected to enact in 2025/26. Section 8 remains and is being strengthened.

This guide covers both routes in their current form and the changes coming.

Section 21 — the "no-fault" route

Section 21 of the Housing Act 1988 lets a landlord recover possession at the end of an AST without giving a reason — provided strict preconditions are met.

Current rules (England and Wales — pre-Renters''-Rights)

A Section 21 notice can be served:

At the end of a fixed-term tenancy (and within the fixed term to take effect at the end).
During a periodic tenancy (rolling month-to-month after the fixed term ends).

Validity preconditions

The notice is only valid if the landlord has met ALL these preconditions:

Deposit protection: any tenancy deposit was protected in an approved scheme within 30 days of receipt, and the prescribed information was given to the tenant.
EPC provided to the tenant before tenancy start.
Gas Safety Certificate provided to the tenant before tenancy start (and updated annually).
How to Rent booklet (current version) provided to the tenant.
No retaliatory eviction risk — if the tenant has raised a complaint and the local authority has issued an improvement notice in the last 6 months, Section 21 is invalid.
Property licence in place if the property is in a licensable HMO or selective licensing area.

Missing any of these makes Section 21 invalid. The landlord can usually fix the gap (e.g. by serving a fresh, valid notice once defects are cured), but it delays recovery.

Notice period

A minimum of 2 months'' notice in writing. The notice must be on Form 6A or include all the prescribed content.

After the notice expires

If the tenant doesn''t leave, the landlord must apply to court for a possession order. With Section 21 (and a valid notice), the court typically grants possession without a hearing (accelerated possession procedure). Eviction by bailiffs follows if the tenant still doesn''t leave.

Typical timeline from notice to eviction: 4-9 months in practice, longer when courts are busy.

Section 8 — the grounds-based route

Section 8 lets a landlord seek possession on one or more of 17 specified grounds. Grounds are split into mandatory (court must order possession if proved) and discretionary (court decides).

Common mandatory grounds

Ground 1: Landlord previously occupied the property as their main home, or intends to.
Ground 2: Mortgage default — the lender requires possession.
Ground 6: Demolition / substantial reconstruction.
Ground 7: Death of the tenant (with 12-month time limit).
Ground 7A: Repeated anti-social behaviour with conviction.
Ground 8: At least 2 months'' rent arrears, both at notice date AND at court hearing date.

Common discretionary grounds

Ground 10: Some rent arrears (less than 2 months).
Ground 11: Persistent late payment.
Ground 12: Breach of tenancy obligations.
Ground 13: Damage to the property.
Ground 14: Nuisance / anti-social behaviour.
Ground 15: Damage to furniture.
Ground 17: Tenancy obtained by false statement.

Notice periods by ground

Vary from 2 weeks (Ground 14 anti-social behaviour) to 2 months (most others).

After Section 8 notice

If the tenant doesn''t leave, the landlord applies to court. Unlike Section 21, the court always holds a hearing. The landlord must prove the grounds with evidence (rent statements, witness evidence of nuisance, etc.).

Mandatory grounds: court must order possession if proved. Discretionary grounds: court must also consider whether possession is "reasonable" — and can refuse, postpone, or make conditional orders.

Typical timeline from notice to eviction: 6-12 months in practice.

When to use Section 21 vs Section 8

Under current rules:

Use Section 21 when

No fault by the tenant, you simply want the property back.
You want a faster, simpler court process.
You don''t want to provide evidence to court.

Use Section 8 when

The tenant is in significant rent arrears (Ground 8 — mandatory).
Serious breach of tenancy obligations (anti-social behaviour, damage).
Specific landlord circumstances (selling, returning to own use).

Use both in parallel when

Tenant in arrears AND end of fixed term coming — serve both notices, run both proceedings.

The Renters'' Rights Bill changes

The Bill (expected to enact in 2025/26) makes fundamental changes:

Section 21 abolished entirely.
ASTs replaced with a single form of "assured periodic tenancy" — no more fixed terms.
Section 8 retained and expanded — with new grounds added for landlord sale (Ground 1A) and family occupation.
Rent increases limited to once per year via Section 13.
Pet requests cannot be unreasonably refused.
Private Rented Sector Database — a national register of landlords.
Decent Homes Standard applied to private rentals.

Implementation timing: expected to roll out 12-24 months after Royal Assent. Some provisions will take effect immediately on enactment; others on commencement dates.

What landlords should be doing now

Before the Bill enacts

Make sure all current Section 21 notices are issued correctly — defective ones become unrecoverable once the law changes.
Review the validity preconditions on every property — deposit protection, EPC, Gas Safety, How to Rent.
Consider whether to issue Section 21 notices on any properties where you''ve been planning to recover possession.

After the Bill enacts

Familiarise yourself with the new Section 8 grounds — particularly Ground 1A (landlord sale) which is new.
Improve documentation practice — Section 8 evidence is more demanding than Section 21.
Tighten tenant referencing and arrears management — early intervention is more important when no-fault eviction isn''t available.
Build relationships with a housing-law solicitor — possession claims will become more complex.

What to do this month

Audit every current tenancy: are the four preconditions met for Section 21 to be available?
If you''re intending to recover possession on any property and the tenant''s position is straightforward (no fault, end of tenancy), serve Section 21 now while it''s still available.
If you have tenants in significant arrears, consider Section 8 immediately — Ground 8 remains a strong route.
Subscribe to government updates on the Renters'' Rights Bill for the implementation date when it''s confirmed.

Section 21 and Section 8: the landlord's guide