The rules around regaining possession of rental properties in England have changed. With Section 21 no longer available under the Renters’ Rights Act, landlords now need to use a valid Section 8 ground if they want to take back possession of their property. Two of the most relevant grounds for landlords are Ground 1 and Ground 1A. Ground 1 can be used where the landlord, or a close family member, intends to move into the property. Ground 1A can be used where the landlord intends to sell the property. Both are mandatory grounds, which means that if the landlord can prove the ground applies and the correct process has been followed, the court must grant possession. However, this does not mean the process is automatic. Landlords still need to use the correct notice, give the right notice period, follow the rules carefully and be able to show that their reason for needing possession is genuine.
Moving into the property
Ground 1 applies where the landlord needs the property for themselves or for a close family member. This may include a spouse, civil partner, partner, parent, grandparent, sibling, child or grandchild, including certain relatives of the landlord’s partner. Landlords no longer need to have warned the tenant at the start of the tenancy that this ground may be used later. However, they should still be prepared to show evidence that the intention to move in is genuine. This could include documents showing a change in personal circumstances, the sale of another home, family needs, school arrangements or other practical reasons why the property is required.
Selling the property
Ground 1A applies where the landlord intends to sell the rental property. This gives landlords a route to regain possession where they genuinely plan to sell. The reason for selling may be personal, financial or connected to wider portfolio decisions, but the intention must be genuine. Useful evidence may include a valuation, estate agent correspondence, marketing preparation or other documents showing that steps are being taken towards a sale.
The 12-month rule
For both Ground 1 and Ground 1A, landlords cannot require the tenant to leave during the first 12 months of a new tenancy. A notice may be served during this period, but it must not expire before the first 12 months have passed. This means landlords need to be careful with dates, as getting the timing wrong could delay the process.
Notice periods and forms
For both grounds, landlords must usually give at least four months’ notice before applying to court for possession. The correct Section 8 notice form must be used. Since the rules changed, landlords in the private rented sector should use Form 3A. This is a prescribed form, meaning the wording and information must be completed correctly. The notice should include the tenant names, property address, possession ground, legal wording of the ground, explanation for using it, landlord or agent details, the correct dates and signature. Mistakes on the form, incorrect dates or missing information may make the notice invalid and cause delays.
Restrictions after possession
Landlords should also be aware of restrictions after using these grounds. If a landlord regains possession because they intend to sell or move in, they generally cannot quickly re-let or re-market the property during the restricted period. This is designed to prevent misuse of these grounds. If circumstances change, such as a sale falling through, landlords should seek advice before deciding what to do next
Compliance matters
Before serving notice, landlords should check that their tenancy paperwork is in order. This includes deposit protection, prescribed information, tenancy documents, safety certificates and communication records. If a deposit has not been handled correctly, this may affect the landlord’s ability to obtain possession and could create additional penalties.
Final thoughts
Landlords can still take back a rental property if they genuinely need to sell or move in, but the process is now more structured and evidence-based. It is important to use the correct Section 8 ground, give the right notice period, check the 12-month rule, complete the correct form, keep evidence of your intentions and make sure compliance records are up to date.
At SWPM, we believe good property management starts with clear communication, organised records and careful attention to detail.
Please note: This article is for general information only and should not be treated as legal advice. Landlords should always check the latest Government guidance or seek professional legal advice before serving notice.
