Eviction is a legal process through which a landlord can regain possession of their property from a tenant. In the UK, evictions are governed by strict regulations to protect both landlords and tenants. The most common types of eviction notices include Section 13, Section 21, and Section 8 notice. Each serves a different purpose and follows specific legal procedures.
This article explores these eviction notices in detail, including their grounds, legal requirements, and implications for landlords and tenants.
1. What is a Section 13 Notice?
A Section 13 notice is used when a landlord wants to increase the rent of an assured shorthold tenancy (AST) on a periodic (rolling) basis. While it is not an eviction notice itself, failing to comply with a rent increase could lead to further action, including eviction under Section 21 or Section 8.
Key Features of a Section 13 Notice:
Applies only to periodic tenancies (not fixed-term).
The landlord must use Form 4 from the government’s prescribed forms.
The notice must give the tenant at least one month’s notice (if rent is paid monthly).
The rent increase must be fair and in line with market rates; tenants can challenge it at a tribunal if deemed excessive.
If a tenant refuses the rent increase, the landlord may proceed with an eviction notice under Section 21 (no-fault eviction) or Section 8 (fault-based eviction).
2. Section 21 Eviction Notice: The "No-Fault" Eviction
A Section 21 notice, often called a "no-fault eviction", allows landlords to evict tenants without providing a reason, provided the correct procedures are followed.
When Can a Landlord Use Section 21?
The tenancy is an Assured Shorthold Tenancy (AST).
The fixed term has ended (if applicable).
The landlord provides at least two months’ notice.
All legal requirements (e.g., protecting the deposit, eviction, providing an Energy Performance Certificate and Gas Safety Certificate) have been met.
Changes Under the Renters (Reform) Bill
The UK government has proposed abolishing Section 21 evictions to provide tenants with greater security. However, as of now, it remains a valid eviction method.
Tenant Rights Against Section 21
Tenants can challenge the notice if it is incorrectly served (e.g., missing documents, insufficient notice).
Landlords cannot use Section 21 during the fixed term of a tenancy.
3. Section 8 Notice: Eviction Based on Grounds
A Section 8 notice is used when a tenant has breached the tenancy agreement. Unlike Section 21, landlords must provide a valid reason (or "ground") for eviction.
Common Section 8 Grounds for Eviction
Grounds are divided into mandatory (where the court must grant possession) and discretionary (where the court decides based on circumstances).
Mandatory Grounds (Landlord is Likely to Win)
Ground 8: Rent arrears of at least 2 months (if paid monthly) or 8 weeks (if paid weekly).
Ground 1: Landlord previously lived in the property or intends to move in.
Ground 3: Property was previously a holiday let.
Discretionary Grounds (Court Decides)
Ground 10: Persistent late rent payments.
Ground 11: Tenant frequently breaks tenancy terms.
Ground 12: Tenant damaged the property.
Ground 14: Anti-social behavior or nuisance.
Notice Periods for Section 8
14 days for severe breaches (e.g., anti-social behavior).
2 months for rent arrears or other violations.
If the tenant does not leave, the landlord must apply for a possession order from the court.
4. Comparing Section 13, Section 21, and Section 8
| Feature | Section 13 (Rent Increase) | Section 21 (No-Fault Eviction) | Section 8 (Fault-Based Eviction) |
|---|---|---|---|
| Purpose | Rent adjustment | Regain possession without reason | Evict due to tenant breach |
| Notice Period | 1 month (if rent monthly) | 2 months | 14 days to 2 months |
| Court Order Needed? | No (unless disputed) | Yes (if tenant refuses) | Yes |
| Tenant Defense | Challenge at tribunal | Invalid if incorrectly served | Dispute grounds in court |
5. How Tenants Can Respond to Eviction Notices
If Served a Section 13 Notice
Negotiate with the landlord if the increase is unreasonable.
Refer the case to a First-tier Tribunal if the rent hike is excessive.
If Served a Section 21 Notice
Check if the notice is valid (e.g., deposit protected, correct notice period).
Seek legal advice if the landlord hasn’t followed proper procedures.
If Served a Section 8 Notice
Pay outstanding rent (if Ground 8 applies).
Provide evidence to counter claims (e.g., proof of timely rent payments).
Attend court hearings to present your case.
6. Landlord Responsibilities When Evicting a Tenant
Follow legal procedures – Wrongful eviction can lead to fines.
Provide proper notice – Failure to do so invalidates the eviction.
Protect tenant deposits – Otherwise, Section 21 is unenforceable.
Avoid retaliatory eviction – Evicting a tenant for complaining about repairs is illegal.
7. Conclusion
Understanding Section 13, Section 21, and Section 8 notices is crucial for both landlords and tenants. While Section 13 deals with rent increases, Section 21 allows no-fault evictions, and Section 8 is used when tenants violate agreements.
Tenants facing eviction should verify the notice’s validity and seek legal advice if necessary. Landlords must ensure compliance with housing laws to avoid penalties. With potential reforms to Section 21, staying informed about rental laws is more important than ever.
