Section 21 or Section 8 notice - which one to use?
c.jermyn • November 1, 2019
The big question - which is the most appropriate notice to serve and what are the pros and cons of each?
This is a question we get asked a lot at Woodstock. Especially where there are rent arrears and the fixed term has expired or is soon to expire.
Historically, section 21 notices and the accelerated possession procedure were seen as the easiest and quickest way to get possession of your property, even when there were rent arrears. However, our experience at Woodstock is that this is not necessarily the case.
The law surrounding the service of a section 21 notice to obtain possession is complex. We are routinely seeing new issues being flagged up by judges at county court level, which puts these notices at risk of being considered invalid. For example: -
1. Agents failing to include the landlords full name and address at section 4 of the notice and instead putting c/o.
2. Failure to sign in accordance with the Companies Act
3. Failure to serve a GSC prior to the commencement of the tenancy.
The above, coupled with the increasing administrative pressure placed on the courts, means that not only are section 21 notices sometimes harder to get right, but when proceedings are issued, it can take a longer time for the claim to progress through the courts making them far less “accelerated” then they should be.
By comparison, when serving a section 8 notice, you are not required to have served an EPC, GSC or How to Rent Guide for the notice to be considered valid. Judges also seem to be less picky on some of the other issues raised above, presumably because possession is not being sought on a no-fault basis.
In addition, once a section 8 notice has expired, we are able to immediately issue proceedings online. In 9 out of 10 claims issued online, the hearing date is fixed and confirmed immediately. This gives all parties a point in time which they must work towards and you are not reliant on the judges getting to your claim amongst the pile of paperwork in front of them or the overburdened court staff processing the paperwork.
Once possession is obtained, having issued the claim online, if you require a bailiff appointment this can be applied for online with a warrant, usually being immediately issued. When using accelerated possession procedure, you have instead to either use snail mail or email and wait for the court to again get through their paperwork and issue the warrant before sending it across to confirm an appointment with the bailiff.
Our advice is to always serve both notices. This ensures you have options and a backup.
So, what are the options: -
1. Issue using the accelerated possession procedure and pursue any rent arrears (and damages) as a separate claim. This is something that our debt recovery department would happily assist you with.
2. Issue proceedings once the section 8 notice has expired using the Possession Claims Online. The risk of course is if the rent arrears are cleared, and we no longer satisfy mandatory ground 8 for possession. However, if a section 21 notice has been served, you have a better chance of persuading the court to exercise its discretion to avoid inevitable fresh proceedings being issued once you walk of the court room. And if the Judge isn’t playing ball then of course you can immediately issue a new claim.
3. Issue using the standard possession procedure. This is a paper based claim and probably the slowest of all methods; however, you may rely on both your section 8 and section 21 notice in the same proceedings. This means that you minimise the risk of failing to obtain possession and you can obtain possession and judgment for arrears of rent.
If you are still not sure upon reviewing the above option, please do not hesitate to give us a call. We will happily run you through the options on a case by case basis.
Contact Us
News & Insights
We are delighted to share that Woodstock Legal Services has been shortlisted for Conveyancing Firm of the Year - South of England at the Modern Law Conveyancing Awards 2026 . We are also proud to see Bethany Hudson , one of our Consultant Licensed Conveyancers, shortlisted for Rising Star of the Year. With our head office in Poole, Dorset, we are proud of our roots in the South West and the relationships we have built within the region’s property community. These shortlists recognise both the strength of our Residential Property team and the people behind the scenes who support our clients throughout their property journey. At Woodstock Legal Services, our focus has always been on building a conveyancing service that works for both our clients and our consultants. By bringing together experienced conveyancers with dedicated back-office support and the right infrastructure, we aim to make the process of buying and selling property as straightforward as possible, while giving our lawyers the flexibility and support to deliver excellent client care. Our connection to the South West remains an important part of who we are. Through relationships with local property professionals and organisations such as Poole Property Club , we continue to build connections within the property market while supporting clients across England and Wales. Over the past year, our Residential Property team has continued to grow, supported by investment in our people, processes and technology. Our dedicated back-office teams play an equally important role, helping keep transactions moving so our conveyancers can focus on their clients and the legal work that matters most. Being shortlisted for Conveyancing Firm of the Year in the South of England is a recognition of the collective effort behind our service, from the conveyancers working directly with clients to the teams supporting them behind the scenes. Car Jermyn Managing Director of Woodstock Legal Services, added: " I’m incredibly proud to see Woodstock Legal Services shortlisted for Conveyancing Firm of the Year and Bethany Hudson recognised as a Rising Star. Both awards reflect the quality of our lawyers and the commitment of the wider team supporting them. It’s great to see the work happening across our business recognised, particularly in the South of England, where our roots are firmly established. " A growing modern law firm As we continue to grow, we are always keen to speak with experienced lawyers who want to work differently, be properly supported, and be part of a collaborative community. Behind every successful consultant is the right firm. Click here to see why consultants choose Woodstock.
England's new landlord register launches 15 Dec 2026 under the Renters' Rights Act. Check your regional deadline and avoid fines up to £40,000
Untangling a historic trust, title restriction and finance issues on a £1.45m commercial property sale - a Woodstock case study
Grass and wildfires are spreading across the UK. Find out when an accidental fire becomes negligence, and who could be liable for the resulting damage.
Expert property solicitor Pedro answers questions on auction purchases, refinancing, title splits and multi-unit property investments. Get practical legal guidance.
Invested in a care home, hotel or student flat scheme that collapsed? Learn what an unauthorised Collective Investment Scheme means for you.
Section 114 Notices are already landing. Zoe Turner explains what local authorities can demand under the Renters' Rights Act, and how to prepare.
Using a Lifetime ISA to buy your first home? Bethany Hudson explains how LISA withdrawals work in a property transaction, what to tell us early, and how to avoid costly delays.
What changes under the Renters’ Rights Act affect Welsh landlords? Learn about anti-discrimination rules, occupation contract updates, compliance deadlines and what does not apply in Wales.
