If you’re a landlord planning to sell a property with tenants in situ or move back into your rental property, the rules have changed.
With the proposed abolition of Section 21 under the Renters’ Rights Act, landlords can no longer regain possession without relying on a specific legal ground. This is particularly important if you have a sitting tenant and need vacant possession to sell or reoccupy the property yourself.
Learn how landlords can legally end a tenancy in a tenanted property, what restrictions apply, and how to stay compliant under the new framework.
Related: Let your property in Essex & Hertfordshire
What Has Changed After Section 21?
Section 21 previously allowed landlords to end an assured shorthold tenancy without giving a reason, provided the correct notice was served.
Under the Renters’ Rights Act:
- Section 21 ‘no fault’ evictions to be abolished
- All tenancies move to a periodic system
- Landlords must rely on specific legal grounds under Section 8
- Stronger protections prevent misuse of possession grounds
This means landlords who want to sell or move back into a tenanted property must now rely on clearly defined statutory grounds.
Selling a Tenanted Property: What Are Your Options?
If you plan to sell, you have two possible routes.
You may choose to sell the property with the tenant remaining in place. Selling with tenants in situ can appeal to other investors, particularly where the tenancy is well managed and the rent is at market level. However, demand for tenant-in-situ sales can vary depending on wider market conditions and buyer appetite.
Alternatively, you may decide to regain possession to sell with vacant possession. The Renters’ Rights Act introduces a mandatory ground for possession where the landlord genuinely intends to sell. To rely on this ground, you must demonstrate a clear intention to market and dispose of the property, provide the required notice period (expected to be at least two months), and ensure the tenancy has been in place for at least 12 months. There are also restrictions on re-letting shortly after possession is granted.
If the court is satisfied that the legal criteria are met, possession will be mandatory.
Moving Back Into Your Rental Property
Landlords who wish to move back into their rental property as their main home can rely on a separate mandatory ground. In certain circumstances, this may also apply where a close family member intends to occupy the property.
You must genuinely intend to use the property as your principal residence and serve the correct notice. As with the selling ground, this cannot be used within the first 12 months of the tenancy, and there are restrictions on re-letting after possession has been obtained.
Courts are likely to expect clear confirmation of your intention to reside in the property.
The 12-Month Rule Explained
One of the most significant changes is the restriction preventing landlords from using the selling or moving-in grounds during the first year of a tenancy. This is designed to give tenants greater security and to prevent short-term arrangements from being ended prematurely.
For landlords considering selling in the near future, timing is now an important strategic factor. Exit planning should begin well before you intend to place the property on the market.
Notice Periods and Compliance Requirements
Although secondary legislation will confirm final details, landlords are expected to provide at least two months’ notice when relying on either the selling or moving-in grounds.
The notice must clearly state the legal ground being used, and landlords must be fully compliant with all statutory requirements. Deposits must be protected correctly, gas safety certificates and EPCs must have been provided, and all prescribed information must be in order. Any administrative error could invalidate the notice and delay possession.
What Evidence Will Be Needed?
Unlike the previous Section 21 process, landlords must now demonstrate legitimate grounds for possession.
If selling, this may include confirmation that the property is being marketed, evidence of instruction to an estate agent, or documentation outlining the intention to sell.
If moving back in, landlords may need to provide a written declaration confirming that the property will become their main residence.
The courts are expected to apply closer scrutiny to these applications to ensure the grounds are not misused.
What Happens If the Tenant Does Not Leave?
If a tenant remains in the property after the notice period expires, landlords must apply to the court for a possession order. If necessary, bailiffs can enforce that order.
Landlords cannot remove tenants themselves without a court order, even where a valid notice has been served. Court timescales may vary, so early planning is advisable if you are working towards a sale deadline or relocation date.
Risks of Misusing Possession Grounds
The Renters’ Rights Act includes safeguards to prevent abuse of the system. If a landlord regains possession based on selling or moving back in and then re-lets the property in breach of restrictions, they may face financial penalties or further enforcement action.
Clear documentation, genuine intention and professional guidance are therefore essential.
Related: From Notice to Possession: Mullucks’ Step-by-Step Guide to Ending Tenancies after May 2026
Need Advice on Ending a Tenancy?
Although Section 21 will soon be abolished, landlords can still end a tenancy to sell or move back in, provided they meet the new legal requirements.
The process is now more structured, evidence-based and carefully regulated. Taking professional advice before serving notice can help you avoid delays, reduce risk and protect your investment.
If you are considering selling a tenanted property or moving back into your rental home, speak to the experienced team at Mullucks today. We can review your tenancy, advise on the correct legal ground and guide you through every step of the possession process.
Contact your local Mullucks office today for tailored landlord advice and a clear plan forward.
