Selling a Rented Property: Possession Rules for Landlords

Since 1 May 2026, a private landlord in England who wants possession in order to sell cannot use Section 21. Where the statutory conditions are met, the landlord may use Ground 1A, the mandatory possession ground for sale of the dwelling-house.

Ground 1A is relevant where a landlord intends to sell and seeks vacant possession. It does not make the tenancy end automatically. If the tenant does not leave after a valid notice, the landlord must apply to court and prove the ground.

This article covers private assured tenancies in England and notices served from 1 May 2026. Different rules apply to earlier notices, social housing, lodgers and properties outside England.

When Ground 1A can be used

Ground 1A applies where the landlord intends to sell the property. The official grounds guidance identifies important limits:

• The tenant cannot be required to leave for this reason within the first 12 months of a new tenancy.
• A notice may be served during that protected period, but it must not expire before the first 12 months have ended.
• The landlord must give four months' notice before applying to court.
• Ground 1A is not available for an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy, sometimes described as an assured lifetime tenancy.
• Most social landlords cannot use this ground.

A landlord should confirm that Ground 1A applies to the particular tenancy before serving notice. The title of the tenancy document is not always enough to determine its legal status.

Serving notice and applying to court

For notices served from 1 May 2026, GOV.UK says a private landlord must use Form 3A, or a form substantially to the same effect. The notice must identify the ground, contain the correct notice period and explain why the landlord considers the ground to apply.

Keep the completed notice and evidence of when and how it was served. An error in the ground, explanation, date or notice period may delay or defeat the possession claim.

If the tenant remains after the notice expires, the landlord must apply to court for a possession order. For a Ground 1A claim, the paper-based possession process applies rather than the online service reserved for rent-arrears-only claims. The court will consider the notice, tenancy and evidence. The ground is mandatory only if the court is satisfied that it has been proved.

The landlord must not treat the notice as permission to change locks, enter without authority or remove the tenant's belongings. Only the tenant's agreement or the lawful court and enforcement process can deliver possession.

Evidence of an intention to sell

GOV.UK says landlords must provide evidence proving the ground. Its repossession guidance gives evidence that an estate agent has been instructed as an example of evidence of an intention to sell.

There is no single evidence pack for every sale. A landlord should retain clear, dated material that supports the stated intention at the time of notice and, if necessary, at the court hearing. This may include the instruction or other documented steps in the sale process, together with consistent correspondence and court papers.

Do not state that a sale is certain, instructed or marketed unless the record supports that statement. If the plan changes before the hearing, obtain case-specific advice rather than assuming the original claim remains appropriate.

The 12-month no re-let and remarketing restriction

Government enforcement guidance says that after Ground 1 or Ground 1A has been used to recover possession, the landlord normally cannot re-let or market the property for re-letting during a 12-month restricted period. Exceptions are defined in the official guidance, but they should not be assumed.

Remarketing includes advertising that a property is or may be available to let and letting-agency activity communicating that availability. Enforcement consequences can apply where a property is re-let or remarketed during the restricted period without an exception.

A landlord who does not complete the intended sale should check the current restriction and any applicable exception before advertising the property to tenants again. The restriction is separate from the 12-month protected period at the start of the tenancy.

Sale planning and tenancy records

Before serving a Ground 1A notice, record:

1. The tenancy type and start date.
2. The date the initial 12-month protected period ends.
3. The four-month notice calculation.
4. The current Form 3A and the explanation of Ground 1A.
5. Evidence supporting the genuine intention to sell.
6. Proof of service and all communications with the tenant.
7. Deposit-protection and other records relevant to the possession claim.
8. The start and end dates of the no re-let and remarketing restriction if possession is recovered.

The sale timetable should allow for the possibility that the tenant remains after notice and a court claim is required. Serving a notice does not guarantee a particular possession or completion date.

This is general information for England, not legal advice. Check current GOV.UK guidance or obtain advice for a specific case.