I Want to Sell My Rental Property, Can I Ask My Tenant to Leave?
Deciding to sell a rental property used to lead many landlords towards a familiar route for obtaining possession. That changed on 1 May 2026.
Following the abolition of Section 21, landlords in England can no longer simply use the former no fault procedure to regain possession. If you want your property back because you intend to sell it, you now need to understand the relevant possession ground, the timing requirements and the legal process that must be followed.
There is a route available for landlords who genuinely intend to sell, but it is important to get the process right.
Can I evict my tenant because I want to sell the property?
Potentially, yes. Under the new possession regime, Ground 1A provides a mandatory ground where a landlord intends to sell the property.
Calling it a mandatory ground is important. It means that if the legal requirements are satisfied and the ground is proved, the court must grant possession.
That does not, however, mean that a landlord can simply tell a tenant they have decided to sell and expect them to leave. There are rules governing when the ground can be used, how much notice must be given and what happens if the tenant remains in the property.
Can I ask my tenant to leave during the first year?
This is one of the most important changes for landlords to understand. Ground 1A cannot be used to require a tenant to leave for the purpose of selling during the first 12 months of a new tenancy.
Government guidance describes this as the 12 month protected period. This means landlords need to think carefully about their plans before entering into a new tenancy.
If you believe there is a realistic possibility that you may want or need to sell the property within the next year, obtaining advice before granting the tenancy can help you understand the implications.
How much notice do I have to give my tenant if I want to sell?
Ground 1A carries a four month notice period. The timing becomes particularly important where the tenancy is still within its first year.
Government guidance gives the example of a landlord deciding to sell when the tenancy is only four months old. A notice can potentially be served during the protected period, but it cannot expire until the first 12 months of the tenancy have passed.
Landlords should therefore avoid working backwards from their preferred sale date without first checking what the law actually allows.
What if my tenant agrees to leave?
Not every possession situation has to become contested court proceedings. A tenant may decide to leave in accordance with the notice, in which case possession proceedings may not be required. Communication can therefore be important.
However, landlords should be cautious about applying pressure, attempting to force a tenant out or taking steps that could amount to unlawful eviction. Even if you own the property and genuinely intend to sell it, you must follow the correct legal process.
What happens if the tenant does not leave when the notice expires?
The expiry of a notice does not itself give a landlord the right to physically remove the tenant.
If your tenant remains in the property after the notice period has expired, you may need to make a claim to the court for possession.
Under the post May 2026 process, landlords need to establish the possession ground they are relying upon and provide evidence supporting it.
If a possession order is granted and the tenant still does not leave, further enforcement through a warrant and bailiff may be required. Changing the locks or attempting to remove the tenant yourself is not an alternative to following the proper process.
Do I need to prove that I genuinely intend to sell?
Yes, landlords should be prepared to establish the possession ground on which they rely. The Government’s possession guidance makes clear that landlords need to give evidence to the court proving the grounds for possession where a tenant does not leave by the end of the notice period.
Ground 1A exists to allow landlords to regain possession where there is a genuine intention to sell.
It should therefore not be treated as a replacement for Section 21 or as a general route for ending a tenancy where the landlord simply wants the tenant to leave.
Taking advice before serving notice can help establish whether Ground 1A is appropriate and what evidence may be needed.
Can I sell the property with the tenant still living there?
Selling with a tenant in situ may be possible, depending on your objectives and the buyer.
For example, another landlord may be interested in purchasing an investment property with an existing tenant. However, selling a tenanted property creates different considerations from selling with vacant possession.
Before deciding which route to take, consider the likely buyer, your timescale, the existing tenancy and whether obtaining vacant possession is necessary for the proposed sale. Legal advice at an early stage can help prevent your sale plans and possession strategy from working against each other.
Should I put the property on the market before serving notice?
There is no single approach that will suit every landlord. What matters is that you understand the possession process and realistic timescales before making commitments around a sale.
If you promise vacant possession to a buyer without understanding when you can lawfully regain possession, you may create a problem further into the transaction. Similarly, if you serve the wrong notice, rely on an inappropriate ground or fail to comply with the relevant requirements, you could lose valuable time.
The safest approach is to plan the legal possession process alongside the proposed property sale rather than treating them as separate issues.
Selling does not mean possession is immediate
Owning a rental property does not mean you can automatically recover it whenever you decide to sell.
The Renters’ Rights Act has changed the route landlords must follow.
Ground 1A provides landlords with a mechanism for obtaining possession where they genuinely intend to sell, but the protected period, notice requirements and court procedure mean planning ahead is increasingly important.
Obtaining specialist advice before serving notice can help ensure you start with the correct process rather than discovering a problem several months later.
Frequently Asked Questions
Can I ask my tenant to leave because I want to sell my property?
Yes, Ground 1A provides a possession ground for landlords who genuinely intend to sell, provided the relevant legal requirements are met.
Can I use Section 21 to sell my property?
No. Section 21 was abolished under the new regime from 1 May 2026.
How much notice must I give if I am selling my rental property?
Ground 1A requires four months’ notice, subject to the rules governing when the ground can be used.
Can I make my tenant leave during the first 12 months?
Ground 1A cannot be used to require possession for sale during the first 12 months of a new tenancy. This period is referred to as the protected period.
What happens if my tenant refuses to leave?
You cannot simply remove the tenant yourself. If the notice has expired and the tenant remains, court possession proceedings may be necessary.
Do I have to prove that I intend to sell?
You should be prepared to provide evidence establishing the possession ground if court proceedings become necessary.
Can I sell my property with tenants still living there?
It may be possible to sell with tenants in situ. Whether this is suitable will depend on your circumstances, the tenancy and the intended buyer.
Speak to S4L
If you are planning to sell a rental property, need possession of your property or are unsure which possession ground applies to your circumstances, the specialist team at S4L can provide clear, practical advice before you take the next step.
Getting advice before serving notice can help avoid errors that could delay possession and your proposed sale.
If you have a question or would like to make an enquiry, email our team at info@solicitors4landlords.com or call 01455 553945.
Written by S4L, specialist landlord solicitors providing legal advice and support to landlords across England.