The Fundamental Difference
Section 21 allowed landlords to recover possession at the end of a fixed term tenancy without giving a reason. It required no ground, no allegation against the tenant, and no court hearing if the tenant vacated — just the notice and, if contested, a generally straightforward court process.
Section 8 requires the landlord to prove a specific statutory ground for possession — typically rent arrears, breach of tenancy, or one of the new grounds introduced by the Renters' Rights Act 2025 such as Ground 1A (selling). The tenant can contest the claim on the merits, the ground must be proven at a court hearing, and the court has discretion on many grounds.
This is a more process-heavy route — but for landlords who maintain compliant tenancies, it is not as difficult as headlines have suggested.
Side-by-Side Comparison
| Aspect | Section 21 (abolished) | Section 8 (current) |
|---|---|---|
| Reason required? | No — no-fault | Yes — must prove a statutory ground |
| Notice period | 2 months | 0–4 months depending on ground |
| Court hearing required? | No (if tenant vacates) | Always — even if uncontested |
| Compliance requirements | All docs must be in order | All docs must be in order |
| Tenant can contest? | On compliance only | On ground AND compliance |
| Timeline (uncontested) | 8–12 weeks | 16–24 weeks |
| Still available? | No — abolished 1 May 2026 | Yes — only route to possession |