Choosing the right has always depended on the facts of the case. Now, timing matters too. Section 21 will be abolished in England from 1 May 2026, so landlords who are already considering possession should not assume the current route will still be available later.
In some cases, Section 21 may still be the more straightforward way to recover possession before the law changes. In others, Section 8 may be the stronger option, especially where there are serious rent arrears or other breaches of tenancy.
If you are unsure which route fits your circumstances, Landlord Action can review your case and advise on the best next step.
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What landlords need to know now
Section 21 is still available in England for the time being, but the window is closing. If a valid Section 21 notice is served before 1 May 2026, the courts can still process the case afterwards, but any possession proceedings using the Section 21 court process must be issued by 31 July 2026. After that date, landlords will no longer be able to rely on the Section 21 process and will need to use the new statutory grounds instead. That means landlords should be thinking carefully now about whether they may need possession in the coming months, whether their paperwork is in order, and whether they are leaving enough time to act properly.
When Section 21 may still be the better route
Before Section 21 is abolished, it may still be the better option where the main priority is recovering possession and the landlord is not relying on tenant fault. Historically, landlords have often preferred Section 21 where they want a clearer route to possession, particularly if they are not trying to recover rent arrears as part of the same claim. In some cases, this can lead to an accelerated possession claim, which is sometimes quicker than a standard possession claim and usually does not involve a hearing unless the paperwork is not in order or the tenant raises an important issue. Tenants also have 14 days to challenge the application once the court serves it on them, so the process still needs to be handled carefully.
Section 21 can also be attractive where there are arrears but little realistic prospect of recovering the debt, and the landlord’s main objective is simply to regain possession of the property. That said, Section 21 only works where the notice and legal requirements have been handled properly. Landlords must use Form 6A, and the notice must usually give at least two months’ notice, with a longer period sometimes needed in a contractual periodic tenancy.
When Section 8 may be the better route
Section 8 may be the stronger route where the tenant has breached the tenancy and the landlord wants to rely on that breach as the reason for possession. This can include substantial rent arrears, anti-social behaviour or other tenancy breaches. Section 8 may also be more appropriate where the landlord wants to pursue possession and rent arrears together, rather than treating the debt separately.
That is one reason why Section 8 can be the better choice where the tenant or guarantor has the means to pay and the landlord wants to reduce the financial loss as well as recover the property. This reflects the current emphasis on Section 8 in the live article, but the decision still depends on the facts of the case and the strength of the evidence.
Section 8 is also often relevant where Section 21 is not available because of compliance issues, for example where deposit requirements have not been fully dealt with and the landlord needs to rely on a different possession route.
This decision matters more than it used to
In the past, the Section 8 versus Section 21 decision could often be treated as a tactical choice. Now it is also a timing decision. Landlords who may need possession before or around May 2026 should be thinking about whether Section 21 is still open to them, whether it remains the right route for their case, and whether any mistake could cost them time they no longer have.
A notice that is defective, served too late or based on the wrong approach could leave a landlord having to start again under a very different legal framework. This is changing the “which notice should I serve?” question from a procedural one to one that is now a much more strategic one. This is an inference from the implementation timetable and the new possession framework, but it is the practical reality for landlords planning action now.
What changes after 1 May 2026?
After Section 21 is abolished, landlords in England will need to rely on the reformed possession grounds under the Renters’ Rights Act. That matters because some of the replacement grounds are more limited than the current Section 21 route. For example, the move-in and sale grounds cannot be used during the first 12 months of a new tenancy and require four months’ notice.
The mandatory rent arrears threshold will also rise from two months to three months’ arrears, with a four-week notice period. The Act also moves assured tenancies to a periodic model rather than fixed terms. Landlords already thinking about possession should not assume the same routes will be available on the same terms later in the year.
So which route should landlords choose?
There is no single answer that fits every case. If the priority is regaining possession and Section 21 is still available, it may remain the more straightforward route before abolition. If the tenant is in serious breach, there are substantial arrears, or there is a realistic prospect of recovering money as well as possession, Section 8 may be the better option.
In many cases, the right answer depends on the tenancy documents, the evidence available, the landlord’s timescales and what outcome matters most. That is why early advice matters, especially now.
Not sure whether Section 8 or Section 21 is right for your case?
With Section 21 ending on 1 May 2026, this is not the time for uncertainty or avoidable mistakes. Landlord Action can review your circumstances, advise on the right route, and help you move forward with confidence.
The tenant cannot defend against this action. As long as the application is valid, possession must be granted, and the tenant will be ordered to leave. Generally, possession is smoother in this paper-based process, but there are a few cases where a court hearing will be required. We will advise you if this is likely. Even though rent arrears are not covered by this process you can, at any time within six years, make a separate claim for debt. If there are rent arrears, but the tenant does not have any assets or employment and there is no guarantor, we often recommend the Section 21 eviction process – you may never the recover the rent arrears, but you get the property back without a court hearing.
If there are large rent arrears and the tenant has the means to pay, or there is a guarantor, Section 8 is the obvious choice. It can save you from serious financial loss. As long as we are confident that we can prove the tenant’s breach of tenancy under at least one of the mandatory grounds, the court is compelled to grant our landlord possession. If the landlord hasn’t fully complied with the deposit scheme legislation, Section 8 is easier to use than Section 21. It’s also useful to use Section 8 if there is still a long period until the end of the tenancy.
If you have not fully complied with the deposit scheme legislation you cannot use Section 21 at all unless you take some remedial steps first.
Under Section 8, when the court gives you a money order against the tenant, you still have to act on the order to recover the money from the tenant, and often you will have no success or it will be too costly to pursue.
Under Section 8 the tenant can put in a defence. Even if the tenant lies, their defence can force an adjournment and delay proceedings. However, in all our years we have only ever seen two Section 8 cases go beyond a second hearing.
Under Section 8, if you lose you may have the tenant’s legal costs awarded against you.
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