General guidance only, not legal advice. This article provides general information for landlords in England. It does not apply to Wales, Scotland or Northern Ireland. Laws and procedures change, so always check current government guidance and seek professional advice for your circumstances.
Important update: Renters' Rights Act 2025. Section 21 no-fault evictions were abolished in England from 1 May 2026. Landlords who want a property back to sell or to live in must now use Section 8 Ground 1A (sale) or Ground 1 (occupation by the landlord or family). This guide reflects the law from 1 May 2026.
Yes. Since Section 21 was abolished on 1 May 2026, landlords in England recover possession for these reasons using two mandatory Section 8 grounds: Ground 1 if the landlord or a close family member will move in, and Ground 1A if the landlord intends to sell. Both need at least four months' notice and cannot take effect in the first 12 months of a tenancy.
Because both grounds are mandatory, the court has no discretion once the ground is proved. The catch is the word "proved". Under Section 21 you never had to explain yourself. Under Grounds 1 and 1A, the reason is the whole case.
Ground 1 applies where the landlord, or a qualifying close family member, intends to occupy the property as their only or principal home.
Qualifying family includes a spouse, civil partner or partner, parents, grandparents, siblings, children and grandchildren, including those of a spouse or partner. Check the exact wording of the Act before relying on a more distant relationship. Where there are joint landlords, the ground can be used for any one of them.
What the court will want to see:
Ground 1A applies where the landlord intends to sell the property. GOV.UK's own example of evidence is showing that you have instructed an estate agent and a solicitor.
Strong evidence looks like an estate agent's instruction or valuation, a conveyancing solicitor on file and a documented reason for selling, such as refinancing, retirement or restructuring a portfolio. Weak evidence looks like "testing the market".
Selling to an investor who will keep the tenant? You don't need Ground 1A at all. A sale with a sitting tenant avoids both the four-month notice and the 12-month re-letting restriction.
| Ground 1: occupation | Ground 1A: sale | |
|---|---|---|
| Purpose | Landlord or close family moving in as their only or principal home | Landlord intends to sell |
| Type | Mandatory | Mandatory |
| Minimum notice | 4 months | 4 months |
| First 12 months of a tenancy | Date in the notice must fall after them | Date in the notice must fall after them |
| After use | Cannot market or re-let for 12 months | Cannot market or re-let for 12 months |
| Typical evidence | Move plans, reason, correspondence | Estate agent and solicitor instructed |
Sources: GOV.UK, Guide to the Renters' Rights Act and GOV.UK, Repossessing your privately rented property after 1 May 2026.
You can serve the notice before the 12-month point, but the date in the notice must fall after the tenant has been in the property for 12 months. In practice, that means the earliest you can serve is around month eight of a new tenancy, giving the full four months' notice so that it ends after month twelve.
Get the dates checked before you serve. A notice whose date falls inside the first 12 months is invalid, and restarting a four-month clock is the most expensive mistake on this page.
After using Ground 1 or Ground 1A, you cannot market the property to let or re-let it for 12 months. The rule exists to stop the grounds being used as Section 21 by another name, and breaching it exposes you to local authority enforcement, including civil penalties.
In practice, decide before you serve. If the sale stalls after the tenant has gone, you cannot simply put a new tenant in. Plan for that outcome now, not after the keys come back.
Both grounds are mandatory, but a mandatory ground still fails if the paperwork underneath it is wrong.
More on the court stage in our Possession Order Guide for Landlords.
Recovering a property to sell or move in is now a four-month, evidence-led process, and a flawed notice means starting again. Helpland is one of only two NRLA-recommended eviction specialists in England and Wales, with over 20 years' experience, fixed fees, court representation included and a dedicated account holder from notice to keys.
Book a free landlord consultation at helpland.co.uk.
Yes, in England you use Section 8 Ground 1A. You must give at least four months' notice, the date in the notice must fall after the first 12 months of the tenancy, you must be able to prove you intend to sell, and you cannot re-let or market the property to let for 12 months afterwards.
At least four months under Ground 1A. The two-month Section 21 notice no longer exists in England.
Yes. Children are qualifying family under Ground 1, provided they intend to live there as their only or principal home. The same four-month notice and 12-month rules apply.
The 12-month restriction still applies, so you cannot market or re-let the property during that period. Plan for this before serving notice, including whether a sale with a sitting tenant would suit you better.
No. Wales operates under the Renting Homes (Wales) Act 2016, where landlords can still end a standard occupation contract without giving a reason, using a section 173 notice with at least six months' notice. See our guide to evicting a tenant in Wales.
This article provides general guidance for landlords in England only and does not constitute legal advice. Laws and court procedures may change. Always check current government guidance and seek professional advice for your circumstances. Last reviewed: November 2026.