How to Sell a Tenanted Property Under the Renters' Rights Act 2025 

 The New 12-Month Protection Period Explained 

In force from 1 May 2026. Applies to private sector assured periodic tenancies in England. 

The end of Section 21 and what replaces it 

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025. Its main tenancy provisions came into force on 1 May 2026. From that date, Section 21 of the Housing Act 1988 is abolished for private sector assured periodic tenancies in England. All existing assured shorthold tenancies in England became assured periodic tenancies on 1 May 2026. 

The abolition applies to the private rented sector in England. A small number of categories are exempt or subject to different rules, including certain qualifying student accommodation and properties subject to the Ground 4A student HMO regime. Social housing and Registered Provider tenancies are outside the standard private sector rules. Landlords letting to companies rather than individuals are unaffected, because corporate lets fall outside the Housing Act 1988 assured tenancy framework. 

From 1 May 2026, where a landlord wishes to end an assured periodic tenancy against a tenant's wishes, serving a Section 8 notice citing one or more of the statutory grounds in Schedule 2 of the Housing Act 1988 is the required route. Contractual surrender and agreed early termination by mutual consent remain available at any time and do not require a Section 8 notice or court order. 

There are now 37 grounds for possession in Schedule 2 of the Housing Act 1988 as amended. The court must be satisfied that the relevant ground is made out. For landlords who wish to sell with vacant possession, the relevant ground is the new mandatory Ground 1A. 

Procedure. The fast-track paper-only procedure previously used for Section 21 claims does not apply to Ground 1A. All Ground 1A possession claims proceed by the standard Section 8 possession claim route and require a court hearing. 

Ground 1A at a glance 

The 12-month protection period explained 

One of the central features of the new regime is the 12-month protection period at the start of every assured periodic tenancy. This protection applies specifically to Ground 1 (landlord or close family member moving in) and Ground 1A (selling). It does not apply to all Section 8 grounds. Fault-based grounds, such as Ground 8 for rent arrears and Ground 14 for anti-social behaviour, may be used at any point during a tenancy regardless of how long it has been running. 

The mechanism in the Act is that the relevant date in a Ground 1A Section 8 notice, namely the date on which the notice period expires and after which possession proceedings may be issued, must not fall within the first 12 months of the current tenancy. This is set out in paragraph 25 of Schedule 1 to the Renters' Rights Act 2025. 

Timing: the earliest notice date 

Because Ground 1A requires at least 4 months' notice, and the notice cannot expire before the 12-month anniversary of the tenancy start date, the earliest a landlord can serve a valid Ground 1A notice is at the end of month 8 of the tenancy. A notice served at that point will expire at the end of month 12, which is the earliest permissible expiry date. A notice served earlier than month 8, or one that would expire before the 12-month anniversary, will be invalid. 

What the protection period covers and does not cover 

The protection period prevents a landlord from using Ground 1A (or Ground 1) within the first 12 months. It does not prevent a landlord from taking possession on fault-based grounds at any point. It does not prevent the landlord and tenant from agreeing an early termination. It does not prevent the landlord from marketing the property for sale or accepting an offer from a buyer at any time. 

Timeline from tenancy start to vacant possession 

The table below sets out the sequence of events for a landlord seeking to recover possession under Ground 1A. Court timescales are based on Ministry of Justice Q2 2025 statistics and are subject to change. 

Because the re-letting restriction starts on the date the Section 8 notice is served and continues until 12 months after the relevant date in the notice, the restriction will in practice run for at least 16 months from the date of service where the full 4-month notice period is used, and may run for longer if the possession claim is issued later or contested. The overall minimum period from the start of a new assured periodic tenancy to vacant possession, assuming the tenant does not leave voluntarily after the notice expires, is likely to be at least 18 months in most cases, and may be significantly longer depending on court capacity. Landlords should factor this into sale planning at an early stage. 

The requirement to show a genuine intention to sell 

Ground 1A is a mandatory ground. If the landlord proves their case, the court must grant a possession order. The court must nonetheless be satisfied that the landlord genuinely intends to sell the property. The mandatory nature of the ground does not remove the need to establish that genuine intention. 

What evidence may be expected 

The Renters' Rights Act 2025 does not specify the precise evidence a landlord must produce to establish intent. This is a matter for the court to assess in each case. Based on the nature of the ground and commentary from practitioners, courts are expected to consider evidence such as: 

• Written instructions to an estate agent to value or market the property for sale

• A current property listing or marketing particulars prepared for sale purposes

• Correspondence with a solicitor or conveyancer about a proposed sale

• Any agreed heads of terms or memorandum of sale

• Evidence that the property has been listed on a property portal for sale

The Act does not require the property to be on the market at the time the Section 8 notice is served. However, courts are expected to scrutinise claims where no concrete steps have been taken towards a sale by the time the matter is heard. 

Note. Because the Act does not define the standard of evidence required, early decisions from county courts and any appellate authority will be significant in settling what is needed in practice. Landlords should obtain legal advice and maintain documentary evidence of their intention to sell before and after serving any Ground 1A notice. 

Consequences if the court finds the ground is not made out 

If a court finds that the landlord has not established a genuine intention to sell, the possession order will be refused. A landlord who recovers possession under Ground 1A and then does not proceed with a sale, but instead re-lets within the restricted period, commits an offence enforceable by the local authority. 

The re-letting restriction after possession 

Where a landlord uses Ground 1A, a re-letting restriction applies. This is one of the areas where landlord planning most commonly goes wrong, so the rules are worth stating carefully. 

When the restriction starts and ends 

The restriction begins on the date the Section 8 notice is served on the tenant. It does not begin on the date the notice expires, nor on the date possession is granted, nor on the date any sale completes. 

The restriction ends 12 months after the relevant date stated in the notice, that is, 12 months after the earliest date on which possession proceedings could be issued. If a possession claim is in fact issued later than the relevant date, the restriction ends 12 months after the date the claim was filed, whichever is later. 

In practice, because the notice period is a minimum of 4 months, the restriction typically runs for around 16 months from the date the notice is served, and may run longer if possession proceedings are delayed or contested. The restriction applies whether or not the tenant eventually vacates, whether or not the landlord proceeds to court, and whether or not the landlord withdraws the notice at a later stage. 

What the restriction prohibits 

During the restricted period, the landlord may not do any of the following: 

• Advertise or market the property for any form of letting

• Grant a new tenancy of the property of 21 years or less

• Grant a licence to occupy the property, including short-term licences such as those used on holiday let platforms

Marketing the property for sale is not restricted. The restriction applies only to marketing or granting rights of occupation as a letting or licence. A landlord may continue to pursue a sale, instruct estate agents for sale purposes, and complete a sale transaction during the restricted period. A grant of a lease of more than 21 years takes the landlord outside the assured tenancy regime and is not prohibited. 

Enforcement and penalties 

Breaching the re-letting restriction is an offence enforceable by the local authority. Penalties can include substantial financial penalties imposed as an alternative to prosecution, with more serious or repeated breaches potentially resulting in criminal prosecution and an unlimited fine on conviction. Both the landlord and any letting agent involved in marketing or granting a tenancy during the restricted period may be subject to enforcement action. An agent may have a defence if they can demonstrate they took all reasonable steps to avoid the breach. A tenant affected may also be able to apply for a rent repayment order. 

What happens if the property does not sell within the restricted period 

There is no automatic exemption from the restriction if the property does not sell. Once the restricted period has elapsed, the landlord may re-let the property. There is no requirement to obtain court permission or give notice to any authority before re-letting after the restricted period ends. 

A narrow statutory exemption from the re-letting restriction applies in limited circumstances for shared ownership leaseholders. That exemption does not apply to standard private landlords. 

Selling with the tenant in situ: the alternative 

A landlord is never required to evict a tenant in order to sell a property. Two alternatives to Ground 1A possession proceedings are always available. First, the landlord may sell the property with the tenant remaining in occupation, transferring the tenancy to the buyer as part of the sale. Second, if both parties agree, the landlord and tenant may enter into a contractual surrender of the tenancy, giving the tenant an agreed date to vacate. Neither route requires a Section 8 notice or court proceedings. 

The practical differences between Ground 1A possession and selling with the tenant in situ are summarised below. 

Landlords weighing up the two routes should factor in the overall timescale for Ground 1A proceedings, which is unlikely to be less than 18 months from the start of a new tenancy, and may be considerably longer if possession is contested or if court capacity is under pressure. 

How the rules apply to existing tenancies from 1 May 2026 

All assured shorthold tenancies in England became assured periodic tenancies on 1 May 2026. The 12-month protection period for Ground 1A is assessed by reference to the start date of the current tenancy, not from 1 May 2026. The Act's commencement does not restart or extend the protected period for any existing tenancy. 

Key point. The 12-month clock runs from the tenancy start date, not from 1 May 2026. A tenancy that began in December 2025 is protected until December 2026. It is not protected until May 2027. Landlords with long-standing tenancies (more than 12 months old on 1 May 2026) can use Ground 1A from 1 May 2026, subject to the 4-month notice requirement and the court process. 

Practical planning scenarios 

The table below illustrates how the rules apply in common situations. 

The Section 8 notice: procedural requirements 

A Ground 1A possession claim begins with a valid Section 8 notice served on the tenant. The notice must be in the prescribed form under the Housing Act 1988 as amended. Failure to use the correct form or to state the ground accurately will invalidate the notice and any subsequent proceedings. 

A valid Ground 1A Section 8 notice must: 

• Be in writing, in the prescribed form, and served on the tenant by an authorised method

• Identify Ground 1A as the ground being relied upon

• State a relevant date that is at least 4 months after the date of service

• Confirm that the relevant date falls no earlier than 12 months after the tenancy start date

• Include a statement that the landlord intends to sell the property

If the tenant does not vacate voluntarily on or after the relevant date, the landlord must issue a standard Section 8 possession claim in the county court. A court hearing is required. Ground 1A does not give a landlord the right to retake physical possession of the property without a court order. Doing so without a court order is an unlawful eviction. 

Claims under Ground 1A will be heard under the standard Section 8 possession claim procedure. The government has indicated an intention to reform and digitise possession proceedings, but the timetable and detail of any such changes had not been legislatively confirmed as at 1 May 2026. Landlords should seek up-to-date procedural advice from a solicitor at the time of any claim. 

What Ground 1A does not cover 

Ground 1A applies where a landlord intends to sell the property. It does not apply in the following situations: 

• The landlord wishes to renovate or redevelop the property. Ground 6 (redevelopment requiring vacant possession) is the relevant ground in that situation and carries different conditions, including a requirement that the works cannot reasonably be carried out with the tenant in occupation. 

• The landlord or a close family member wishes to move into the property. Ground 1 (occupation by landlord or close family member) applies and carries the same 12-month protection period and 4-month notice requirement as Ground 1A. 

• The tenant is in breach of the tenancy agreement. Fault-based grounds, including Ground 8 for rent arrears of at least 3 months, Ground 14 for anti-social behaviour, and Ground 12 for breach of tenancy, are available regardless of the protected period. 

• The tenancy is a corporate let, meaning the tenant is a company or other legal entity rather than an individual. Such tenancies fall outside the Housing Act 1988 assured tenancy framework and are not affected by the Renters' Rights Act 2025. 

• The landlord is a Registered Provider of social housing. Ground 1B (rather than Ground 1A) applies to Registered Providers and is subject to different conditions. 

• The parties agree to end the tenancy. Contractual surrender by mutual consent does not require any Section 8 ground and is unaffected by the 12-month protection period. 

Key actions for landlords considering a sale 

Landlords who are considering selling a tenanted property should take the following steps. 

• Check the tenancy start date. Establish whether the 12-month protection period has elapsed, counting from the tenancy start date rather than from 1 May 2026. If the period has not elapsed, calculate the earliest date on which a Ground 1A notice can expire. 

• Consider all routes. Selling with the tenant in situ and agreeing a voluntary surrender with the tenant are both available without any court process. Assess whether these options are viable before embarking on Ground 1A proceedings. 

• Obtain legal advice. Ground 1A possession claims require a court hearing and evidence of genuine intent to sell. A specialist residential possession solicitor or accredited adviser should be consulted before any Section 8 notice is served. 

• Gather evidence of intent to sell. Instruct an estate agent and obtain a written valuation or marketing appraisal before or at the time of serving notice. Keep records of all correspondence, instructions and steps taken in connection with the proposed sale. 

• Use the correct prescribed form. The Section 8 notice must be in the form prescribed under the Housing Act 1988 as updated. Use the form current at the date of service. 

• Plan around the re-letting restriction from the date of service, not from expiry of the notice. Once the Ground 1A notice is served, the property cannot be marketed for letting or let to any occupier until 12 months after the relevant date in the notice (or 12 months after any later claim issue date). Because the notice period itself is at least 4 months, this typically means about 16 months of no rental income from service. Plan accordingly. 

• Stay alert to Private Rented Sector Database requirements. The Renters' Rights Act 2025 provides for a national Private Rented Sector Database. The database is being rolled out in stages, with the phased regional launch expected from late 2026 and full launch thereafter. Compliance with registration requirements, once the scheme is in force for the relevant property, is a condition of lawfully letting. Monitor announcements and update registrations as required. 

Summary of key rules 

Disclaimer: This guide is for general information only and is not legal advice. Secondary legislation, court practice directions and case law may develop the procedural position after the date of this guide.