Choosing between Section 21 (no-fault) and Section 8 (grounds-based) in England & Wales depends on your situation and compliance level.
Use Section 21 if:
- You have met all prerequisites (deposit, How to Rent, Gas/EPC, etc.).
- The fixed term is ending, or the tenancy is periodic.
- You don't need to prove tenant fault.
- Pros: Simpler court process if undisputed (accelerated route).
- Cons: Strict compliance needed, standard 2-month notice.
Use Section 8 if:
- The tenant has breached the agreement (e.g., rent arrears, anti-social behaviour).
- You have strong evidence for a specific ground.
- You need to act during a fixed term.
- Pros: Can address breaches directly, potentially shorter notice for some grounds.
- Cons: Requires proof, often involves court hearing, discretionary grounds aren't guaranteed.
Consider: Can you meet S21 compliance? Is the S8 ground mandatory or discretionary? How strong is your evidence? Making the right choice early, and using the correctly formatted notice via a service like Legalmaster™, saves time and hassle.
