When it comes to evicting someone from a property, the process differs significantly depending on whether the occupant is a family member or a formal tenant. Landlords must follow strict legal procedures to avoid disputes or unlawful eviction claims. In this guide, we’ll explore the differences between evicting a family member and a tenant under Section 21, the role of a Section 8 notice, when a Section 13 notice applies, and why consulting tenant eviction specialists is often essential for legal compliance.
Understanding Section 21 Evictions
A Section 21 notice, also known as a "no-fault eviction," allows landlords in England and Wales to regain possession of their property without providing a reason, provided the tenancy agreement is an Assured Shorthold Tenancy (AST).
Key Conditions for a Valid Section 21 Notice:
The deposit must be protected in a government-approved scheme.
The tenant must have received an Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s "How to Rent" guide.
The fixed term of the tenancy must have ended (unless there’s a break clause).
The notice period must be at least two months.
Unlike a Section 8 notice, a Section 21 does not require the landlord to prove any breach of tenancy. However, recent changes in legislation (such as the Renters’ Reform Bill) may impact its future use.
What is a Section 8 Notice?
A Section 8 notice is used when a tenant has breached the terms of their tenancy agreement. Common grounds for eviction under Section 8 include:
Rent arrears (Ground 8, 10, or 11)
Anti-social behaviour (Ground 7A)
Damage to the property (Ground 12 or 13)
Key Differences Between Section 8 and Section 21:
| Feature | Section 8 Notice | Section 21 Notice |
|---|---|---|
| Reason Required? | Yes (specific grounds) | No (no-fault eviction) |
| Notice Period | 2 weeks to 2 months (depends on grounds) | 2 months |
| Court Hearing? | Yes (tenant can dispute) | Only if tenant refuses to leave |
Landlords must ensure they follow the correct legal process, as mistakes can delay evictions or lead to claims of unlawful eviction.
When is a Section 13 Notice Used?
A Section 13 notice is not for eviction but for rent increases in periodic tenancies. Landlords must give at least one month’s notice (for weekly tenancies) or six weeks’ notice (for yearly tenancies). If the tenant refuses the increase, the landlord may need to consider a Section 21 or Section 8 notice instead.
Evicting a Family Member vs. a Tenant
1. Evicting a Tenant (Formal Rental Agreement)
If the occupant is a formal tenant with an AST, landlords must follow the Section 21 or Section 8 process. Skipping proper notice can result in legal penalties.
2. Evicting a Family Member (Excluded Occupier/Licensee)
Family members (e.g., adult children, relatives) who do not pay rent or have a formal tenancy are usually considered “excluded occupiers” (lodgers). In this case:
No Section 21 or Section 8 is required.
The landlord only needs to give "reasonable notice" (often equivalent to one rental period).
If the family member refuses to leave, the landlord may need a Possession Order but does not need to follow the same strict eviction process.
However, if there is a dispute, seeking legal advice from tenant eviction specialists is recommended.
Why Landlords Should Use Tenant Eviction Specialists
Evicting a tenant (or family member) can be legally complex. Tenant eviction specialists help by:
✔ Ensuring the correct notice is served (e.g., Section 21, Section 8)
✔ Handling court paperwork to avoid delays
✔ Representing landlords in case of tenant disputes
✔ Advising on legal for landlords requirements
Mistakes in eviction notices can lead to:
❌ Extended delays (e.g., incorrect dates on a Section 21 notice)
❌ Financial penalties for unlawful eviction
❌ Tenant counterclaims for harassment or illegal lockouts
Conclusion
Whether evicting a tenant under Section 21 or a family member with no formal tenancy, landlords must follow the correct legal process. A Section 8 notice is necessary for tenants who breach agreements, while a Section 13 notice deals with rent increases.
For a smooth and legal eviction, landlords should consider consulting tenant eviction specialists to ensure compliance with housing laws. Failure to follow proper procedures can result in costly legal battles, making professional guidance invaluable.
By understanding the differences between these notices and when they apply, landlords can protect their property rights while staying on the right side of the law.
