Selling Or Moving Back In To Your Property

From 1 May 2026, the Renters’ Rights Act introduces important changes to how landlords can regain possession of their property when they wish to move back in or sell. These are covered under Section 8, using Ground 1 for moving into the property, and Ground 1A for selling. Both are mandatory grounds, meaning the court must grant possession if the correct process is followed and the criteria are met.

How This Affects Your Rental Property

  • Ground 1 can be used if the landlord or a close family member intends to move in
  • Ground 1A can be used where the landlord intends to sell the property
  • A minimum of four months’ notice must be given
  • Tenants cannot be required to leave within the first 12 months of the tenancy
  • Notice can be served earlier, but possession cannot take effect until after 12 months
  • This means timing is critical when planning to sell or move back into your property.

Key Points To Be Aware Of

  • A 12-month protected period applies at the start of every tenancy
  • You can serve notice during this period, but cannot gain possession until it ends
  • A minimum four-month notice period must always be given
  • Strong evidence is required to support the reason for possession
  • Failure to follow the correct timing or process may delay possession or result in the notice being invalid.
 

Important Restrictions

  • If using Ground 1, the property must genuinely be occupied by the landlord or a qualifying family member
  • If using Ground 1A, the property must genuinely be intended for sale
  • Once notice is served, restrictions apply to re-letting the property
  • If plans change, this may impact when the property can be re-let
  • This means these grounds must be used with clear intent and careful planning.

Frequently Asked Questions

1. When is the earliest I can regain possession to sell?

After the first 12 months of the tenancy, with at least four months’ notice served.

2. Can I serve notice before 12 months?

Yes, but possession cannot take effect until after the 12-month period.

3. What happens if my plans change?

Restrictions may apply, so it is important to be certain before serving notice.

⚠︎ Property Compliance Health Check ⚠︎


Receive a FREE property compliance health check to avoid fines up to £40k