This post is aimed at landlords, letting agents and property managers, especially following the new Renters’ Rights Act that came into force on 1st May 2026.
Yes, but the route depends on whether you want to sell with the tenant in place or with vacant possession.
If you need the tenant to leave, Section 21 no longer exists. From 1 May 2026, landlords must use Ground 1A of the new Section 8 framework under the Renters’ Rights Act 2025, which requires four months’ notice and cannot be used in the first 12 months of the tenancy.
Below, I’ll go further into detail on specific questions.
Can You Sell a Tenanted Property in England?
Yes, and you have two options:
- Sell with the tenant in place (sometimes called selling ‘in situ’): The tenant stays, the tenancy transfers to the buyer and the buyer becomes the new landlord. This option suits investors looking for an income-producing asset from day one.
- Sell with vacant possession: The tenant leaves before completion and the buyer takes ownership of an empty property. This typically opens the sale to a wider buyer pool and can achieve a higher sale price – but it requires you to obtain possession first.
Which route you take depends on your buyer, your timeline and whether the tenant is willing to cooperate.
Is It Worth Selling With the Tenant in Place?
Sometimes. The advantages are real – you continue receiving rent while the property is on the market, there is no void period and you avoid the possession process entirely.
The disadvantages are also real – your buyer pool narrows to investors. Properties with sitting tenants often sell at a discount and, if the tenancy is near its end or the tenant is difficult, buyers may hesitate.
Selling in situ makes most sense where the tenancy is well-established, the tenant is reliable, and your buyer is a landlord seeking a proven yield. Where you need to sell on the open market or at full value, vacant possession is usually the stronger commercial position.
What Happened to Section 21 – Can You Still Use It to Sell?
No, Section 21 – the ‘no-fault’ eviction route – was abolished in England on 1 May 2026 under the Renters’ Rights Act 2025.
Landlords can no longer serve new Section 21 notices.
Many posts still reference this as the standard route. This is out of date – all possessions must now be sought through Section 8 statutory grounds.
For landlords selling a property, the relevant ground is Ground 1A.
What Is Ground 1A and How Does It Work?
Ground 1A allows a landlord to recover possession where they genuinely intend to sell the property. It was introduced under the Renters’ Rights Act 2025 and came into force on 1 May 2026.
The statutory wording is straightforward: “The landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord.”
It is a mandatory ground. This means that if the landlord proves the statutory conditions are met, the court must grant possession. The landlord serves Form 3A – the prescribed Section 8 notice – citing Ground 1A, with a minimum of four months’ notice.
How Does Ground 1A Differ From Ground 1?
Ground 1, Ground 1A and Ground 1B at a glance
- Ground 1: Landlord or close family member moving into the property
- Ground 1A: Landlord intends to sell the property
- Ground 1B: Applies to Rent to Buy schemes (Private Registered Providers only)
If you intend to sell, you need Ground 1A. If you intend to move back in, you need Ground 1.
When Can You Use Ground 1A?
Ground 1A cannot be used in the first 12 months of a tenancy. This is the protected period.
The notice can be served before the 12-month mark but it cannot expire before the protected period ends. The practical effect is that the earliest a tenant can be required to leave under Ground 1A is 12 months after the tenancy started.
Example: Landlord serves Ground 1A notice before end of protected period
A landlord starts a new tenancy in June 2026. In March 2027 – nine months in – they decide to sell.
They serve a Ground 1A notice in March 2027. The four-month notice period runs until July 2027, which falls after the 12-month protected period, which ends in June 2027. The notice is valid and the tenant has to leave in July 2027.
Illustrative example only
What Evidence Do You Need to Support a Ground 1A Claim?
The landlord must demonstrate a genuine intention to sell. Ground 1A is mandatory – but mandatory does not mean automatic. The court will scrutinise the evidence.
Judges commonly expect to see estate agent instructions, property valuations, marketing materials, mortgage correspondence and sale preparation documents. The stronger and more consistent the evidence, the harder it is for a tenant to challenge the claim.
Weak or speculative evidence is a risk. A landlord who has taken no steps toward a sale – no agent, no valuation, no marketing – gives a motivated tenant significant grounds to challenge.
Example: Landlord serves Ground 1A notice but it fails in court
A landlord serves a Ground 1A notice citing an intention to sell. The tenant challenges the claim, arguing the property was never listed with an estate agent and no valuation had been obtained.
At the possession hearing, the judge finds the evidence speculative and declines to grant the order. The landlord must restart the process with stronger supporting documentation.
Illustrative example only
Can a Tenant Refuse to Leave?
Yes, a tenant does not have to leave simply because a Ground 1A notice is served. The landlord must obtain a court possession order and, if necessary, bailiff enforcement.
What Can a Tenant Challenge in Court?
Although Ground 1A is mandatory, it removes judicial discretion on reasonableness – not the landlord’s burden to prove the ground itself. A tenant can challenge whether the statutory requirements are actually satisfied and whether the landlord genuinely intends to sell.
Tenants commonly argue that the property was never marketed, that no estate agent is involved, that the landlord’s timeline is inconsistent with a genuine sale or that the landlord intends to re-let rather than sell. A well-evidenced claim is the best defence against these arguments.
The landlord must prove the ground and the court must grant possession only if the ground is proven.
This distinction is central to Ground 1A litigation.
What Is the Court Process if the Tenant Does Not Leave?
If the tenant remains after the notice expires, the landlord applies to the county court for a possession order.
If the order is granted and the tenant still does not leave, the landlord applies for a warrant for possession. Bailiffs then enforce the order. The landlord cannot change the locks, remove belongings or force entry.
The possession order typically gives 14 days to leave – though courts can extend this in hardship cases.
How Long Does the Court Process Take?
Court timelines vary – the total time from serving notice to gaining vacant possession depends on court availability, whether the tenant contests the claim, and whether bailiff enforcement is required.
In practice, the process often takes longer than landlords expect. Starting with a correctly completed Form 3A – accurately cited, correctly timed – is the most effective way to avoid delays.
What Are the Compliance Requirements Before Serving Ground 1A?
Deposit protection is the critical compliance obligation. Unresolved deposit breaches can undermine a possession claim and potentially prevent the court from granting an order.
Gas safety certificates, EPCs and electrical safety documentation no longer appear to operate as automatic technical bars to serving a valid Ground 1A notice under the new regime. However, they remain live legal obligations. Non-compliance exposes landlords to local authority enforcement, civil penalties and potential counterclaims from tenants.
Compliance failures also affect credibility –a landlord with a poor compliance record faces a harder possession hearing.
What Is the Re-Letting Restriction After Using Ground 1A?
Landlords who use Ground 1A and then re-market or re-let the property during the restricted period face enforcement action under the Renters’ Rights Act 2025.
The restricted period runs from the date the Ground 1A notice is served to 12 months after the notice expires. In practice, this means the restriction can last well over a year from the original notice date.
Local housing authorities enforce the restriction. Councils can investigate landlords who re-market or re-let during the restricted period and may impose civil penalties of up to £40,000 or pursue criminal prosecution.
Enforcement is often complaint-driven. Former tenants who see a property re-listed on Rightmove or Zoopla can report it to the council.
Example: Landlord reported to the local housing authority for relisting a property within the restricted period
A landlord obtains possession under Ground 1A in September 2026. Eight months later – in May 2027, within the restricted period – the property appears on Rightmove as available to let. A former tenant reports this to the local housing authority.
The council investigates and imposes a civil penalty of £25,000 under the Renters’ Rights Act 2025.
Illustrative example only
What Happens to the Tenant’s Deposit When the Property Is Sold?
The deposit does not transfer automatically without legal obligations. The incoming landlord must ensure the deposit remains properly protected and serve updated prescribed information within 30 days of completion.
Failure to do so can expose the new landlord to deposit penalty claims. It can also prevent the court from granting a possession order – a serious risk if the new landlord later needs to recover possession.
What happens in practice depends on whether the deposit is held in a custodial or insured scheme:
- Custodial scheme: The scheme record is updated to reflect the new landlord.
- Insured scheme: The outgoing landlord typically transfers the deposit funds to the buyer, who must then ensure ongoing scheme compliance.
If the outgoing landlord fails to transfer the deposit, their liability may continue after the sale.
Buyers should obtain written confirmation of deposit protection before completion and verify scheme registration directly.
How Long Does the Full Process Take?
From the date the Ground 1A notice is served, the minimum timeline to vacant possession – assuming the tenant leaves voluntarily on the notice expiry date – is four months.
In practice, most landlords should plan for longer. If the tenant contests the claim, a possession hearing adds time. If bailiff enforcement is required after the order is granted, that adds further delay. Court capacity varies significantly by location.
The 12-month protected period also affects planning – a landlord who starts a tenancy and then decides to sell within the first year cannot serve a Ground 1A notice that expires before the 12-month mark. The earliest realistic timeline from tenancy start to vacant possession – where notice is served on day one of eligibility – is around 16 months.
How Strikes Property Services Can Help
Tenants are aware of the possession process – and of the timelines involved. Delays caused by incorrect paperwork or missed compliance checks give tenants more time in the property and leave landlords exposed.
I founded Strikes Property Services in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out. My team handles both Section 8 notice serving and possession orders under the Renters’ Rights Act 2025 rules.
Key deliverables when working with Strikes:
- Section 8 notice preparation and serving – correctly cited, correctly timed
- Possession claim filing and court pack preparation
- Solicitor advocate briefing and management for possession hearings
- Warrant of possession applications – county court and High Court routes
- End-to-end support from notice to vacant possession
If you need help with the Section 8 possession process, contact Strikes Property Services today.
