Notice to quit vs eviction notice: what is the difference?

You may hear the terms "notice to quit," "eviction notice," "Section 8 notice," and "Section 21 notice" used interchangeably, but they have different legal meanings. Understanding what you have received is the first step in knowing your rights. We explain the differences below.

What is a notice to quit?

Strictly, a "notice to quit" is a legal notice ending a periodic tenancy, one that runs week to week or month to month without a fixed end date. A notice to quit must:

• Be in writing
• Give at least 4 weeks' notice (or one rental period if longer)
• Name the property and the parties
• State the date on which the notice is to take effect

A notice to quit does not by itself mean you have to leave. In a residential tenancy, if you do not leave after a notice to quit, the landlord must still go to court to get a possession order.

Notice to quit is most commonly used in periodic tenancies, including when a fixed-term tenancy has ended and become periodic. It is also the mechanism used in a joint tenancy situation where one joint tenant serves notice to end the whole tenancy (see the separate guide on joint tenancies for why this is significant).

What is a Section 21 notice?

A Section 21 notice is a formal notice under Section 21 of the Housing Act 1988. It allows a landlord to end an assured shorthold tenancy without giving a reason, this is why Section 21 is called a "no-fault eviction." A valid Section 21 notice must:

• Be in writing
• Give at least 2 months' notice (or longer in some cases)
• Meet certain formal requirements, including providing an EPC, gas safety certificate, and How to Rent guide at the start of the tenancy

The abolition of Section 21 is being introduced under the Renters' Rights Act 2025. Once in force, new Section 21 notices cannot be served.

If you receive a Section 21 notice, check whether it is valid, there are a number of reasons a Section 21 notice can be invalid, including if your deposit was not properly protected.

What is a Section 8 notice?

A Section 8 notice is served under Section 8 of the Housing Act 1988. Unlike Section 21, it requires a legal ground for possession. Common grounds include:

• Rent arrears (mandatory grounds 8, 10, 11)
• Breach of tenancy (ground 12)
• Anti-social behaviour (ground 14)

The notice period depends on the ground being used. Some grounds require two weeks' notice, others two months'.

If the landlord serves a Section 8 notice and you do not leave, they must apply to court. The court can decide whether to grant possession based on whether the ground is proven and (for discretionary grounds) whether it is reasonable to order possession.

What is the difference between a notice and an eviction?

A notice tells you that the landlord wants you to leave. An eviction is what happens if the landlord goes to court, gets a possession order, then enforces it through bailiffs. You do not have to leave when you receive a notice alone.

The sequence is:

1. Landlord serves notice (Section 21 or Section 8, or notice to quit in a common law tenancy)
2. You do not leave
3. Landlord applies to court for a possession order
4. Court hearing, judge decides whether to grant possession
5. If possession order granted and not complied with, landlord applies for a warrant of execution
6. Court bailiffs attend and carry out the eviction

Changing the locks, removing belongings, or threatening you into leaving without following this process is an unlawful eviction.

What should I do if I receive any of these notices?

Get advice immediately. Time limits for challenging or responding to notices are short. A housing adviser at Citizens Advice or a duty scheme solicitor can help you understand whether the notice is valid and what defences may be available.

When should I contact Support for Tenants?

We handle housing disrepair claims. If your landlord has served an eviction notice and your home is in disrepair, we may be able to help with the disrepair aspect.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Protection from Eviction Act 1977 (legislation.gov.uk)
• Housing Act 1988 (legislation.gov.uk)