- Ground 1 (you or close family moving in) and Ground 1A (selling) are mandatory possession grounds under Section 8.
- Both need at least four months' notice, and the notice cannot expire in the first 12 months of the tenancy.
- After serving notice you cannot re-let or advertise to let for 12 months after the notice ends.
- Misuse can mean a penalty of up to £7,000, or up to £40,000 for re-letting in the restricted period, plus rent repayment orders.
Since Section 21 ended on 1 May 2026, a landlord who wants a property back to sell it, or to live in it, must use one of two specific possession grounds under Section 8: Ground 1 (moving in) or Ground 1A (selling). Both work, both are mandatory, and both come with rules that catch landlords out if they plan badly. This guide sets out how they work and how to use them without risking a fine.
Can a landlord still evict a tenant to sell the property?
Yes. Ground 1A lets a private landlord recover possession because they intend to sell. It is a mandatory ground: if you prove the ground applies and the tenant has no valid defence, the court must make a possession order. You need to serve a valid Section 8 notice on or after 1 May 2026, giving at least four months' notice.
The intention has to be real. You are not required to have a buyer lined up, but you should be able to show the court you are genuinely selling: an agent's valuation or instruction, correspondence with a conveyancer, or a mortgage redemption statement all help. "We might sell next year" is not enough.
One narrow exception is worth knowing. Shelter's guidance, citing the commencement regulations, says Ground 1A cannot be used where the tenancy was already a fully assured (not shorthold) tenancy before 1 May 2026. Most tenancies were assured shorthold tenancies that converted on that date, so this rarely applies, but check older agreements.
Can I move back into my rental property?
Yes, using Ground 1. You can recover the property if you, or a qualifying family member, need it as an only or principal home. Unlike the old rules, you no longer have to have lived there before or warn the tenant at the start of the tenancy.
Who counts as family under Ground 1?
- You, your spouse, civil partner or cohabiting partner
- Your parent, grandparent, sibling, child or grandchild (half-relations and adopted children included)
- A child or grandchild of your spouse, civil partner or cohabiting partner
If there are joint landlords, only one of them needs to require the property. A holiday base or a part-time pied-à-terre does not qualify: it must be the person's main home.
The 12-month protected period
Neither ground can end a tenancy in its first year. The Section 8 notice must expire more than 12 months after the start of the current tenancy. In practice, with four months' notice, the earliest you can serve is around month eight.
"The start of the current tenancy" means the start of the most recent tenancy or renewal, not the date your tenancy converted under the Renters' Rights Act on 1 May 2026. For a tenancy that began years ago, the protected period has long passed. For a new letting, build the first year into your plans before you sign: if you expect to sell within twelve months, letting may not be the right choice.
| Ground 1: moving in | Ground 1A: selling | |
|---|---|---|
| Type of ground | Mandatory | Mandatory |
| Minimum notice | 4 months | 4 months |
| Earliest notice can expire | After the first 12 months | After the first 12 months |
| What you must show | You or a qualifying relative need it as an only or main home | You genuinely intend to sell |
| Re-letting afterwards | Not for 12 months after the notice ends (unless family moves in) | Not for 12 months after the notice ends |
The 12-month no re-let rule
This is the part that creates the most risk. Once you serve notice on Ground 1 or 1A, a restricted period starts. It runs from the day the notice is served until 12 months after the notice ends. During that time you must not let the property, license it for money, or market it for letting.
So if the sale falls through, you cannot simply put the property back on the rental market. Plan for that possibility before serving notice: can you afford to carry the property empty, or reduce the price, if the first buyer pulls out? The restriction ends early if a qualifying family member moves in after Ground 1, or if the court grants possession on a different ground.
What happens if a landlord misuses Ground 1 or 1A?
GOV.UK's enforcement guidance sets out the penalties. A council can issue a civil penalty of up to £7,000 where a landlord uses a ground without reasonably believing a possession order would be granted. Re-letting or remarketing during the restricted period, or knowingly or recklessly misusing a ground so the tenant leaves, can lead to a penalty of up to £40,000 as an alternative to prosecution. Tenants and councils can also seek a rent repayment order of up to two years' rent.
The answer is simple: only use these grounds when the plan is genuine, and keep a paper trail that proves it.
Can I sell with a tenant in place instead?
Often, yes, and it is worth considering first. Selling with a sitting tenant transfers the tenancy to the buyer, so there is no notice period, no void and no restricted period. The buyer pool is smaller, mainly other landlords and investors, and the price can differ from vacant possession, so take advice from an agent who sells tenanted stock.
A tenanted sale can suit a well-run property with a good tenant, a tidy compliance file and a fair rent. If your paperwork is incomplete, sorting it out before marketing will help either route. Our London landlord compliance checklist is a good starting point.
A practical step-by-step plan
- Check the dates. Find the start of the current tenancy and work out the earliest date a notice could expire.
- Gather evidence of your intention. For a sale, an agent instruction or valuation. For a move, evidence of why you or your relative need the home.
- Check your compliance. Confirm the deposit is protected in a government-approved scheme, as courts cannot grant possession on these grounds where it is not (with an exception for some older tenancies).
- Talk to the tenant early. A clear, polite conversation often leads to an agreed move date, which is quicker and cheaper than court.
- Serve the correct notice using the prescribed Section 8 form, giving at least four months.
- Do not re-advertise to let during the restricted period, whatever happens with the sale.
If the tenant does not leave when the notice ends, you must apply to court. Never change the locks or pressure a tenant to go. Our guide to what eviction looks like now explains the court process, and the Renters' Rights Act overview covers the other grounds. If arrears are part of the picture, the rent arrears information pack sets out the separate thresholds.
What this means for London landlords
London's market moves quickly, but the four-month notice period and twelve-month restricted period are fixed. Aiming to sell in the spring, for example, means serving notice by early winter, and only if the tenancy's first year will have passed by the time the notice ends. The same logic applies whether you let a flat through property management in Ealing or a family house through property management in Kingston: plan the exit at least six months ahead.
How Morgan Prescott handles it
For landlords on our full management service, we track tenancy start dates, keep the compliance file in order and talk you through the options before any notice is served, including whether a tenanted sale might work better. If you are weighing up selling or moving back in, speak to the team about property management in London or call 0333 054 0046.
Official sources: GOV.UK enforcement measures for landlords.
General information, not legal advice. Check GOV.UK for the latest position.