Section 21 or Section 8

Hello all, I’m trying to work out the easiest and quickest option to evict a tenant in rent arrears, section 8 or 21? A new contract as a sole tenant was signed in July after the couple split up….so I believe to issue a section 21 I’ll have to wait the 4 months which is November to serve the notice or is it from when the original contract was signed jointly 12 months previous? Hope this makes sense!

Assuming the rent arrears is 2 months or more then section 8 only requires 2 weeks notice so is quicker than section 21. The 4 months for s21 would be from the new contract start date.

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Ok thank you…rent arrears would be two months in a few days time. I’ve now just been offered part payment of rent with the promise of the rest next month.

How did the pevious tenancy end? Did anyone serve notice or sign a surrender?

They signed a surrender.

I’m thinking it is best to a take part payment now and if the payments are not kept up to date issue a section 21 in November.

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This is the problem with a section 8, it can be set aside if any payment reduces the period of default below 2 months. if they are making payments to keep the debt under 2 months, then a section 21 may be advisable, if you are determined to be rid of them.

Bear in mind the rent is 2 months overdue the minute the second months advance rent payment lapses and becomes overdue, you do not have to wait until the end of the actual 2-month period. But, at any time during the claim, prior to the hearing, they are liberty to reduce the debt and prevent the section 8 being invoked.

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Ok thank you Chris….needless to say I haven’t received the part payment so he is still two months in arrears. I’m getting advice tomorrow on the best course of action to take.

I hope it all works out in your favour ultimately.


Hi , have you now served section 21 as I am going to serve to my tenant as they keep interfering with gas,water and electricity. The partner bypassed boiler moved toilet to see if connector valve is leaking . Initially surrender the contract saying the partner left, the move was cancelled so she wants to withdraw the notice. Please advice.

Did the tenant give you a valid notice?

She gave a written notice to end the contract via mutual consent . Which I accepted and gave end date as 4th December. She also mentioned if her move doesn’t go ahead then she will stay. However with current circumstances I cannot continue like this and it’s a risk to health and safety.i don’t like tenants touching boiler and sannitaryware.

If this was the notice that wasn’t valid but you accepted it, then as I said before, you’d need specialist legal advice or just serve a s21. I’d go with the legal advice as you can usually get the first bit of advice free of charge and if the notice is valid, her tenancy ends on expiry, which is very different to the long drawn out s21 process.

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