Landlord Selling After the Renters' Rights Act: 2026 Guide

By Lisa Hayes · 18 October 2026

Short answer: since 1 May 2026 a landlord in England who wants to sell can no longer serve a Section 21 notice. To get a tenant out of an assured periodic tenancy you serve a Section 8 notice under Ground 1A, give at least four months' notice, and prove to a court that you genuinely intend to sell. You also cannot normally ask the tenant to leave in the first 12 months of the tenancy. Or you can skip possession altogether and sell with the tenant still in place, to an investor or a cash buyer.

I'm Lisa Hayes, and I have spent a long time watching landlords and tenants tangle over this. The old Section 21 route was blunt but quick. The new route is slower, riskier and far less forgiving of a landlord who cuts corners. This guide covers the whole fan-out: what changed, how Ground 1A really works, what evidence to gather, what it costs you if you get it wrong, and the alternatives that might suit you better.

• 4 monthsminimum Ground 1A notice
• 12 monthsbefore a sale notice can expire
• £7,000civil penalty ceiling
• £40,000maximum fine on conviction

What actually changed on 1 May 2026?

The Renters' Rights Act 2025 came into force for private tenancies in England on 1 May 2026. Two things matter for a landlord who wants out. First, assured shorthold tenancies became assured periodic tenancies, so fixed terms and the "end of term" exit disappeared. Second, Section 21 no longer works as a way of regaining possession. Section 8 notices on grounds 1 and 1A can only be served on or after 1 May 2026.

There was a transition window. Section 21 notices served before 1 May could still be used, but the landlord had to start court proceedings by 31 July 2026. That deadline has now passed, so as I write this in October 2026, if you are reading an old forum thread telling you to "just serve a Section 21", close it. It is out of date.

This guide is about England. Wales, Scotland and Northern Ireland have their own regimes. Scotland, for instance, has had its own tenancy system since 2017 with a "landlord intends to sell" ground. If your rental sits outside England, check the rules for that nation before you do anything.

What is Ground 1A, and how does it differ from the old Section 21?

Ground 1A is the new "landlord intends to sell" ground in Schedule 2 of the Housing Act 1988. Here is the difference in plain terms.

The practical effect is that Ground 1A shifts the burden. Under Section 21 the tenant had to find a technical flaw to defend. Under Ground 1A, you are the one proving something.

Who can use Ground 1A, and who cannot?

Per Shelter's guidance for professionals, Ground 1A is available to private landlords but not for regulated tenancies or agricultural occupancies. It is also not available where the tenancy was already an assured tenancy before 1 May 2026. That last point catches people out, so if your tenant has been in situ for years under an older assured (non-shorthold) agreement, the rules are different and you need advice.

The court also cannot order possession on grounds 1 or 1A if the deposit was not properly protected or returned. That restriction does not apply to tenancies that existed before 1 May 2026, but it does for newer ones. I have seen landlords lose months because the deposit paperwork was a mess. Check it before anything else.

How much notice do you have to give?

At least four months. That is double the old Section 21 period. The notice itself is a Section 8 notice naming Ground 1A, and you cannot start court proceedings until it has expired.

One detail worth remembering: the tenant is not locked in for that period. They can leave on two months' notice of their own. So the four months is your minimum wait, not their minimum stay.

Can you serve notice in the first 12 months of a tenancy?

Not if it would expire inside that first year. Notices on grounds 1 and 1A cannot normally expire within the first 12 months of the current tenancy. The only exception on Ground 1A is where you are subject to a compulsory purchase order and the property is being sold to the acquiring authority.

The "tenancy start date" here is the start of the most recent renewal, and converting from an assured shorthold does not reset the clock. If you let a house in March and decide in June that you want out, your realistic earliest exit is a year after the start of the tenancy, not four months after your notice.

What does "intends to sell" mean, and what evidence will a court expect?

The Act does not set out a list of required evidence, and there is no body of case law yet. What commentators agree on is that the court must be satisfied you genuinely intend to sell, and that a notice "to sell" with nothing behind it is exposed.

Sensible evidence includes:

• An instruction letter or contract with an estate agent, and a marketing plan that goes live by the time the notice expires.
• A live listing on a property portal.
• An agreed memorandum of sale, if you have a buyer lined up.
• Correspondence with your conveyancer about the sale.
• A written valuation. If you have not got one yet, our house value guide and free house valuation are a quick start.

My view: do not serve the notice first and work out the sale later. Instruct your agent or line up a buyer, then serve. If the first thing a judge sees is a landlord with no agent, no valuation and no conveyancer, you are asking for trouble.

What happens if you get it wrong?

This is where the Act has teeth. The figures below come from Shelter's professional guidance on Ground 1A.

Defending a possession claim is also within legal aid scope for eligible tenants, so do not assume a tenant will fold at the first hurdle.

What is the 12-month "restricted period"?

This one catches sellers who change their minds. The restricted period starts when you serve the Section 8 notice and ends 12 months after the notice ends. During it you must not grant a residential tenancy, license the property for money, or market it for letting.

There are narrow exceptions after Ground 1A: letting or marketing to a licensee who agrees to buy your interest, or to take a lease of over 21 years with no break clause. Advertising portals that only publish adverts are not caught, but you and your letting agent are. Agents have a defence if they took all reasonable steps to avoid the breach.

The sensible reading: if your sale falls through, you cannot simply put the house back on the lettings market. Weigh that before you serve notice. If there is a real chance you will want to keep the property as a rental, Ground 1A is the wrong tool.

Can you sell with the tenant still in the property?

Yes, and for many landlords this is the best answer. A tenanted property can be sold without ending the tenancy at all. The buyer simply takes over as landlord, with the tenancy, deposit and obligations carried across. Nothing in the Act stops you selling a let property; it only controls how you end the tenancy.

Who buys? Mainly other landlords and investors, who value a reliable tenant and a rent roll. Owner-occupiers usually want vacant possession, so a sale with tenant in place narrows your market, and you should expect to be priced against yield rather than comparable owner-occupier sales. Our dedicated guides cover this in detail: selling a tenanted property and the earlier sitting tenant guide.

If you have a good tenant, I would nearly always explore this first. A tenant who pays on time is an asset to an investor, and it spares you the court calendar entirely.

Ground 1A versus selling with a tenant: which route is better?

There is no universal winner. If the house is a family home in a strong area, vacant possession can pay for the wait. If it is a standard buy-to-let with a good tenant, investor buyers are usually the practical answer.

What if the tenant agrees to leave voluntarily?

Then you can avoid the court altogether, but be careful. The penalties above explicitly catch a landlord who relies on a ground without a reasonable belief they could gain possession and the tenant then leaves within four months without an order. A friendly agreement is fine; a landlord who bluffs a tenant out with a notice they could not have enforced is not.

If a tenant wants to go, get it in writing, keep it civil, and take legal advice on whether a surrender or the tenant's own two-month notice is the cleanest route. Never lean on a tenant. The local authority and the courts now have real tools to punish it.

How do tax and mortgages affect the decision?

Two things worth thinking about before you set a timetable.

Capital Gains Tax. Selling a rental is not covered by the private residence relief that protects your own home. For residential property that is not your main home, HMRC's published rates have been 18% and 24% depending on your income band, and you generally have to report and pay within 60 days of completion. Check the current figures on GOV.UK, because the allowances change, and speak to an accountant. Our second home CGT guide goes through the maths. The point for timing: a delay of several months in getting possession is also a delay in realising the gain.

Your mortgage. Buy-to-let loans often carry early repayment charges. If you are mid-fix, a four-month notice period followed by court time might push completion into or out of that window. Ask your lender for a redemption statement before you commit, and see our guide on early repayment charges.

What about the property's condition and the EPC?

You can still be asked for an EPC when marketing, and a low rating narrows your buyer pool. If the property is an older let with a poor rating, factor that into the price. Our piece on EPC C by 2030 covers whether to upgrade or sell. And if it is a house in multiple occupation, there are extra wrinkles: see selling an HMO.

What if you need to sell fast and cannot wait for possession?

This is the scenario where the timeline bites hardest: arrears on a buy-to-let mortgage, a divorce, a probate, or simply a landlord who has had enough. In those cases a fast route to an investor or cash buyer is often the realistic answer. A cash purchaser will often buy with the tenant in situ, and completion can happen in weeks rather than months. We explain how that works on our cash house buyers page and in the sell house fast hub.

A word of caution I give everyone: quick-sale firms vary wildly. Offers are often well below market value, and some bury costs in the small print. Compare several, ask for proof of funds, and read our best house buying companies comparison before you accept anything. If you need a plain-English explanation of terms along the way, the property jargon explained page helps.

A step-by-step plan for a landlord who wants to sell

1. Check your tenancy. When did the current tenancy start? Is the deposit protected? Are all prescribed documents in order?
2. Decide your route. Sell with the tenant in place, or seek vacant possession under Ground 1A.
3. Get a valuation both ways. One figure for vacant possession, one as an investment sale.
4. Take advice. A solicitor experienced in housing possession for the notice, and your conveyancer for the sale.
5. Build your evidence. Agent instruction, marketing plan, correspondence.
6. Serve the notice correctly, with at least four months and not expiring in the first 12 months of the tenancy.
7. Do not re-market for letting during the restricted period.
8. Prepare for court if the tenant does not leave when the notice ends.

Common mistakes I would steer you away from

Serving notice with no sales evidence at all. Forgetting the deposit. Counting the first 12 months from the wrong date. Telling your letting agent to "keep the listing live just in case". Promising a buyer a date before you have a court order. And, the big one, assuming the old rules still apply because a friend served a Section 21 last year.

None of these are exotic. They are the ordinary ways landlords get caught, and under the new regime the cost of getting caught is higher than it used to be.

When should a landlord just keep the property?

Honestly, sometimes you should. If your main motivation is to get rid of one tenant, Ground 1A is blunt and risky. If you might want to let the property again, the 12-month ban is a serious cost. And if your tenant is reliable, the sale-with-tenant route might make the whole question moot. Our wider thinking on that choice is in the guides library.

Can you hold viewings while the tenant is still living there?

You can, but you need the tenant's cooperation, and that is the weak point in most sales of let property. The tenant has the right to live undisturbed. Access for viewings has to be reasonable, arranged in advance, and consistent with the tenancy agreement. The convention is at least 24 hours' written notice, and I would go further: agree a viewing window with the tenant in writing, keep the number of visits low, and use floorplans and video for first-round interest.

Forcing the pace backfires. A tenant who feels harassed can complain to the council, and under the Act a landlord found to have misused a ground can face the penalties set out above. A tenant who is treated decently, perhaps with a small gesture such as a rent reduction during the marketing period, often helps the sale along. That costs far less than a rent repayment order.

What will a buyer's solicitor ask for on a tenanted sale?

Expect the usual conveyancing pack, plus the tenancy paperwork. For an investor buying with the tenant in place that typically means the tenancy agreement, proof the deposit is protected and the prescribed information was served, the gas safety certificate, an electrical installation condition report, a valid EPC, and rent statements showing the tenant pays on time. Our TA6 guide explains the seller's form, and the conveyancing process walks through the stages.

Gaps in this paperwork are what kill tenanted sales, not the tenant. If a deposit was never protected, you may not only be unable to use Ground 1A on a newer tenancy, you may also hand a buyer a reason to renegotiate. Sort the file out before you list, not after the offer.

Is a quick sale to a cash buyer really cheaper overall?

Not always cheaper, but often cleaner. Set the discount a cash buyer asks for against what a slower route costs you: months of mortgage interest, void rent if the tenant leaves early, legal fees on a possession claim, and the risk of a failed sale locking you out of re-letting for a year. For some landlords that arithmetic favours a quick investor sale. For others, especially with a vacant family home in a strong market, patience pays. Run both numbers. Our below market value explainer shows how to judge whether an offer is fair.

Where do you go from here?

Work out which route fits you before you serve anything. If a quick sale to an investor or cash buyer looks right, compare several offers rather than taking the first one that lands. You can start a valuation here and see what the market would pay for your property, tenanted or empty, with no obligation to proceed.

This article is general information, not legal advice. The Renters' Rights Act is new, there is little case law, and your circumstances will differ. Check the current legislation and take advice from a solicitor before serving any notice. Sources: Shelter's professional guidance on possession when a landlord wants to sell or move in, and commentary from Warners Solicitors and Property Industry Eye.