The Section 21 Notice Tenant Eviction process is easier for it is a postal request resulting in mandatory possession, whereas with the Section 8 Tenant Eviction Notice process attendance in court is required and whilst the Landlord can seek possession and damages, the outcome is far from guaranteed. see Tenant defence & delaying tactics
The Section 21 Notice CLICK HERE
This is a "Mandatory Possession" process
PIMS.co.uk have produced an eight minute Video Guide to Section 21 Notices to watch click here
A Section 21 Notice is part of the Accelerated Possession procedure that is mandatory possession; basically it means: I promised I would rent to my Tenant from A to B. The end date being B has now passed. I want the Tenant to leave. My paperwork is in order so the Judge has no choice but to grant possession and they MUST to leave. This is a postal process and rarely should there be a Court Hearing
Click here to issue a Section 21 Eviction Notice Instantly
The Section 8 Notice CLICK HERE
This is a "Fault based" process
The tenant has breached a term of the Tenancy [these are known as grounds for possession] and I require them to leave and I also want compensating for losses (rent arrears, damage etc). The process is more complicated and the Judge has discretion to deny possession and allow the Tenant to stay. See Suspended Orders.
Use this process where
Possession is usually faster. There is usually no court hearing (making this a paper-based exercise). Provided your application is valid, possession must be granted and the tenant ordered to leave.
If successful, you only get a possession order - not a money order. Landlords are perfectly entitled to make a separate claim for the money see Guide to Debt Recovery for rent arrears and damage
Check you qualify to use the Section 21 Notice Process
Where rent arrears or and damage, you get both a possession order and money order to compensate for your loss. You will have to recover the money from the Tenant
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.