Following the implementation of the main provisions of the Renters Rights Act on 1 May 2026, landlords can no longer use the accelerated paper procedure for obtaining possession of their property on no fault grounds.
Landlords who need to sell their property can regain possession by serving a Section 8 Notice under Ground 1A of Schedule 2 of the Housing Act 1988. Ground 1A is a new mandatory ground for possession which landlords can use when they wish to sell their property, subject to the court being satisfied that the evidence provided is sufficient to show that the ground is made out. As Ground 1A is a mandatory ground, the court must grant an order for possession if the landlord proves their case. However, the court must be satisfied that the landlord genuinely intends to sell their property in order for the ground to be proven. The court will not make an order for possession otherwise.
The Renters Rights Act does not set out the evidence that is required in order to prove intention to sell and there is no case law to rely on yet as the Act is still new. It is likely that the following evidence will help to establish intention:
In addition to the requirement to demonstrate intention to sell, there are other conditions attached to the use of Ground 1A which must be complied with:
One of the key safeguards which has been introduced is the twelve-month protection period at the start of every assured periodic tenancy. Landlords cannot sell in a way that requires the tenant to move out within the first twelve months of a new tenancy. The purpose is to afford tenants a twelve-month period of security at the beginning of their tenancy.
The minimum notice period that can be given in a Section 8 Notice brought under Ground 1A is four months. This is double the length of notice that was required for Section 21 Notices. Court proceedings for possession cannot begin until the four-month notice period has expired.
When a landlord obtains possession using Ground 1A, they are restricted from re-letting the property for a period of twelve months from the earliest date that proceedings could have been issued. This includes granting licences and holiday lettings. Breaching the re-letting restriction is an offence enforceable by the local authority.
The Renters Rights Act does not set out the evidence needed to obtain possession under Ground 1A and there is no case law to draw on yet as the Act is still new. We will update you as the situation develops. In the meantime we recommend that you should seek legal advice if you are considering selling your rented property and serving notice on your tenant under Ground 1A.
For further information, please contact Justine Soutter on 01732 770660 or email [email protected].
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published. We do not accept responsibility or liability for any actions taken based on the information in this article.
The Act brings in wide-ranging reforms, including:
Landlords should already be preparing by:
Download the full guide now to make sure you are fully prepared. – The Renters’ Rights Act 2025
