Landlords sometimes reach a point where they need to sell a rented property or return to live in it. Perhaps you plan to move back in, or a family member intends to live there. In other cases, the decision may be to sell the property entirely.
Under the Renters’ Rights Act, the way landlords recover possession in these circumstances is changing. Section 21 is being removed, and landlords must instead rely on specific possession grounds within the legislation.
Two of the most relevant grounds are Ground 1 and Ground 1A, which allow landlords to regain possession if they intend to move into the property or sell it. While these grounds remain available, the process now involves clearer timelines, notice requirements and safeguards for tenants.
These reforms apply in England, with the new possession grounds applying on or after 1 May 2026.
For landlords considering their options, it helps to understand how the process works in practice. The steps below outline a typical timeline when possession is required to sell a property or move back into it.
Related: Understanding possession grounds under the Renters’ Rights Act from May 2026
Step one: confirm your reason for possession
The first stage is identifying the correct possession ground.
- Ground 1 applies when a landlord or close family member intends to move into the property.
- Ground 1A applies when the landlord intends to sell the property.
These grounds require a genuine intention, so landlords should be confident that their plans are in place before beginning the possession process.
Step two: check the tenancy age
Before serving notice, landlords must consider the age of the tenancy.
Under the reforms, landlords cannot use Ground 1 or Ground 1A to require a tenant to leave within the first twelve months of a new tenancy.
This protected period means that even where a landlord has plans to sell or occupy the property, possession cannot be sought immediately after the tenancy begins.
Step three: serve the notice
Once the tenancy has passed the protected period, landlords may serve notice using the appropriate ground.
For both Ground 1 and Ground 1A, tenants must receive at least four months’ notice before the landlord can apply to court.
This notice period gives tenants time to make alternative arrangements. However, it does not necessarily mean the property will be vacant at the end of those four months.
Related: A Crucial Update for Self-Managing Landlords: New Council Powers Began on 27 December 2025
Step four: prepare for the possibility of court action
If the tenant remains in the property after the notice period expires, landlords may need to apply to the court for a possession order.
Court timelines can vary depending on demand and scheduling, which means the full possession process may take longer than the initial notice period.
For landlords planning a sale, particularly where another purchase is involved, allowing additional time for this stage can help reduce the risk of delays.
Step five: understand the re-letting restriction
A key safeguard applies after possession has been regained.
When using Ground 1 or Ground 1A, landlords are restricted from re-letting the property for twelve months. Breaching this rule is an offence, and the local authority may take enforcement action.
This safeguard is designed to prevent misuse of the possession grounds.
Step six: review compliance before taking action
Before beginning the possession process, landlords should ensure that all required compliance documentation is in place.
This includes:
- deposit protection
- valid gas safety certificates
- an energy performance certificate
- electrical safety documentation
If these requirements are not met, the possession process may become more complicated or delayed. In particular, the court cannot make a possession order if the tenant’s deposit has not been protected correctly.
As enforcement activity increases, local councils may take a more active role in investigating compliance issues.
Step seven: consider alternatives before ending the tenancy
In some situations, regaining possession may not be the only option.
Selling a property with the tenant still in place can appeal to investors seeking immediate rental income, allowing rental payments to continue during the sale process. However, the buyer market may be more limited, as owner-occupiers usually require vacant possession.
Planning under the new possession rules
Ground 1 and Ground 1A continue to give landlords a route to regain possession when they genuinely need to sell a property or move back into it. However, the process now involves clearer safeguards, longer notice periods and stronger oversight.
Understanding the full timeline from the protected tenancy period to the notice requirement and potential court proceedings can help landlords plan and avoid unexpected delays.
If you are considering selling a let property or reviewing your options as a landlord, the Newton Fallowell team can guide the steps involved and help ensure you remain compliant with the latest rules.
