Section 21 or 8?

There are strict procedures regarding giving notice to tenants, and the exact procedure you should use depends on the type of tenancy agreement and its terms as well as taking into consideration if and how the tenant has broken their agreement.

There are 2 types of assured short hold tenancies (AST’s), these are; periodic tenancies, where the agreement runs week by week or month by month with no fixed end date, and fixed term tenancies which run for a set amount of time.

When to use a section 21 notice

You should use a Section 21 for seeking possession, when your tenant has an AST or statutory periodic tenancy agreement started after April  2007 and you have put their deposit in a protection scheme.  The section 21 notice must give tenants a minimum of 2 months notice to leave the property.

Fixed term tenants cannot be evicted until their tenancy ends.  If the fixed term has expired the notice must end on the last day of the rental period.

To serve notice, complete the certification of service form (N215)

If the fixed term has expired or the rental period is more than 2 months (i.e. paid quarterly) then you’ll need to give more than 2 months’ notice.

Tenancies created after 1 October 2015, must use Form 6A – notice seeking possession of a property let on an assured shorthold tenancy

When to use a section 8 notice

If your tenant has broken the terms of the tenancy agreement you can serve a section 8 to give notice, to do this you must use form 3 – Notice seeking possession of a property let on assured tenancy or assured agricultural occupancy.  https://www.gov.uk/guidance/assured-tenancy-forms#form-3

You can give between 2 weeks’ and 2 months’ notice depending on which terms of the tenancy they’ve broken.

we also recommend reading https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices