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I think we’ve all seen the headlines, and most know from 1 May 2026, the Renters’ Right Act scrubs no-fault Section 21 evictions but landlords still have Section 8 routes to repossess if they want to sell or move in.
These routes now come with heavy conditions, but do your landlords know this could mean expensive fines?
12-Month Security for Tenants
The first year of a tenancy is effectively untouchable. A landlord cannot gain possession of a property using Section 8 notice on the grounds of selling or moving in until the tenant has lived there at least 12 months. No legal hook exists to shorten that period (aside from a few rare cases like compulsory purchase). Letting agents, you need to explain to landlords that tenants get a full year’s protection before these new Section 8 grounds can be triggered.
Extended Notice Periods
Checking your notice periods has never been more important, many of the grounds under the Section 8 notice have been extended. The notice period has doubled, for using grounds 1 or 1a from 2 to 4 months notice required to gain possession of the property. Any notice given on these grounds must now run for four months before it expires. (Tenants themselves only need two months’ notice to leave.) This means landlords must plan well in advance.
Selling Up: Ground 1A Conditions
Ground 1A is the new mandatory ground allowing eviction to sell. After the tenant security term and the correct notice period, the landlord must genuinely intend to sell the home. In practice this means the landlord should have taken real steps like instructing an estate agent to market the property by the time the notice expires. The Act doesn’t list specific proof, but courts will expect evidence of an active sales process. If a landlord simply gives notice “to sell” but there is no actual listing or buyer pipeline, the judge may refuse the claim. In effect, letting agents should advise landlords to have a bona fide sales plan in place before issuing a notice.
Once possession is granted, Ground 1A carries an additional long-term restriction: the property cannot be re-let (or licensed for any use, such as short-term lets) for 12 monthsafter the tenant moves out. This “no re-letting” rule is designed to stop landlords from abusing the sale ground as a backdoor to re-rent. In other words, if the property doesn’t sell, the owner must keep it vacant and cannot simply return it to the rental market for a year. You should warn your landlords that advertising or letting the home during this period is a criminal offence, punishable by heavy fines (up to tens of thousands of pounds).
Moving Back In: Expanded Ground 1
Ground 1 has also changed for landlords who want to reclaim the property for themselves or family members. The list of qualifying people is now wider, covering not only the landlord, spouse or civil partner, but also parents, children, grandchildren, siblings and even “half-blood” relations.
But the same timing rules apply: Possession of the property using ground 1 can’t be within the first 12 months, and the notice must run four months. And, like the sale ground, taking possession under Ground 1 triggers the same re-let ban. This means if a landlord or family member moves in, the home still cannot be advertised or re-let for any purpose for a full year after the tenant leaves. In all cases, the landlord will have to satisfy a judge that the move-in plan is genuine. Letting agents should prepare to collect evidence (for example, written intent or moving dates) to support any such possession claim.
Key Takeaways for Letting Agents
● No early evictions. Tenants enjoy a 12‑month protected period during which landlords cannot evict to sell or move in.
● Longer notice. Landlords must give at least four months’ Section 8 notice under Grounds 1 or 1A. Not the old two months.
● Proof of sale. To use the “selling” ground, landlords must actively market the property first. Agents should advise clients to have estate agent instructions or other proof of a genuine sale intent.
● One-year re-let ban. Once a tenant departs under these grounds, the landlord may not rent or license the property again for 12 months. Breaching this will trigger serious penalties.
Your bottom line is that the RRA still allows evictions to sell or occupy, but only under stricter new conditions. You will need to overhaul your processes, update notices and checklists, and counsel landlords about the added hurdles to protect them and your agency. Now is the time to get fully up to speed: train your team, revise your documents and ensure landlords understand that regaining their property will no longer be a quick or simple process. In this new regime, preparation and compliance are everything.
Rachel Ollington, a former letting agency owner, is a consultant and coach at the Estate Agency Consultancy.
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