Possession when a landlord wants to sell or move in

A private landlord can use a section 8 notice to end an assured tenancy.

A landlord can serve a section 8 eviction notice using:

• ground 1, where they or their family member wants to move into the property

• ground 1A, where they want to sell the property

Both ground 1 and ground 1A are mandatory grounds. This means that if the landlord proves that the ground applies and there is no defence, the court must grant a possession order.

The landlord must serve a valid section 8 notice on or after 1 May 2026 to use these grounds. Find out more about section 8 notices.

12 month protected period for tenants

The landlord cannot start possession proceedings on ground 1 or 1A during the first 12 months of the tenancy.

A section 8 notice served on ground 1 or 1A must expire more than 12 months after the start of the current tenancy.[1] This means the date the current tenancy started, not the date the tenancy converted from an assured shorthold tenancy to an assured tenancy.

A private landlord who wants to move in, or have a family member move in, can serve a notice on ground 1.

A notice served on ground 1 cannot expire during the first 12 months of the tenancy.

When the court must order possession

Ground 1 is a mandatory ground.

The court must order possession on ground 1 if the landlord proves that they require the property for occupation as the only or principal home by either:[2]

• themselves

• their spouse, civil partner, or cohabitee

• their parent, grandparent, sibling, child or grandchild

• a child or grandchild of their spouse, civil partner, or cohabitee

Family members include half relations.

Where there are joint landlords, the ground can be used if only one of the landlords requires the property for them or a family member.

Notice period for ground 1

The minimum notice period for ground 1 is four months.[3]

A private landlord who wants to sell the property can serve a notice on ground 1A.

Ground 1A is a mandatory ground. The court must order possession on ground 1A when a private landlord intends to sell the property.[4]

A notice served on ground 1A cannot normally expire during the first 12 months of the tenancy.

Ground 1A can only be used in the first 12 months of the tenancy where the landlord is subject to a compulsory purchase order and the property is being sold to the acquiring authority.

Find out more about tenant's rights when a landlord sells.

When ground 1A cannot be used

Ground 1A is not available where the tenancy is a regulated tenancy or agricultural occupancy.

Ground 1A cannot be used where the tenancy was already an assured tenancy before 1 May 2026.[5]

Notice period for ground 1A

The minimum notice period for ground 1A is four months.[6]

When the notice expires, the landlord can apply to the County Court for a possession order. The landlord must complete and send the particulars of claim to the court.

The court usually sends the claim form and particulars of claim to the tenant at least 21 days before the hearing date.

Find out more about the possession proceedings process.

What the court must consider

Ground 1 and ground 1A are mandatory grounds. If the ground is proven and there is no defence, the court must award possession to the landlord.

The court cannot make a possession order on ground 1 or ground 1A if the landlord has not protected or returned the tenancy deposit.[7] This does not apply if the tenant had an assured tenancy before 1 May 2026.[8]

Find out more about section 8 notices.

Legal aid for defending a claim or bringing a counterclaim

Defences to possession claims and counterclaims are in scope for legal aid. If the tenant is eligible, they can get free legal advice and representation from a solicitor or specialist housing adviser.

Find out more about legal aid for housing issues.

After a landlord uses ground 1 or ground 1A, they cannot immediately re-let or market the property. This is referred to as the 'restricted period'.

The restricted period:[9]

• starts when the section 8 notice is served

• ends 12 months after the end of the section 8 notice

A landlord can use grounds for antisocial behaviour on the same notice as ground 1 or 1A. If they do, the earliest date proceedings can begin is the date a section 8 notice given only on ground 1 or 1A can specify.[10]

The restricted period ends when a possession order is made on other grounds.[11]

If the court dispenses with the requirement for the landlord to serve notice, the restricted period starts with the date the claim form or particulars of claim are filed with the court.[12]

When the property must not be re-let

During the restricted period, a private landlord must not:[13]

• grant a residential tenancy

• permit a person to occupy the property under a licence for money

A private landlord who has used ground 1 can re-let the property during the restricted period to:[14]

• a qualifying family member

• another tenant or licensee where a qualifying family member occupies the property as their only or principal home

A qualifying family member includes the family members listed in ground 1.

When the property must not be marketed

During the restricted period, a landlord must not market or authorise another person to market the property to be:[15]

• let under a residential tenancy

• occupied under a licence for money

A person markets the property if they:[16]

• advertise that a property is or may be available to be occupied

• inform any other person that the property is or may be available, in the course of letting agency work

When the restrictions do not apply

The restrictions do not apply if the landlord used ground 1A and the letting or marketing is to a licensee who has agreed to:[17]

• purchase the landlord's interest in the property

• lease the property for a term of more than 21 years without a break clause, and the license to occupy is granted in anticipation

Shared ownership

The restrictions do not apply after the landlord uses ground 1A for some shared ownership properties where the landlord intends to assign the shared ownership lease.[18]

If the tenancy existed before 1 May 2026, the landlord must give a written statement to the tenant that the landlord is a shared owner by 31 May 2026.[19]

Where the tenancy starts on or after 1 May 2026, the landlord must give the written statement to the tenant before the tenancy starts.[20]

A landlord or their representative could be subject to a financial penalty for breaching the rules for ground 1 or ground 1A.[21]

Legal representatives are exempt from enforcement action.[22]

Financial penalties for misuse of grounds

A landlord can be subject to a financial penalty if both:[23]

• they rely on a ground where they do not reasonably believe they can gain possession

• the tenant gives up the tenancy within 4 months of the notice, without a possession order

For example, the landlord serves a notice on ground 1 or ground 1A, knowing that the criteria for the ground is not met, and the tenant leaves the property during the notice period.

The maximum penalty is £7,000.[24]

When a financial penalty cannot be imposed

A financial penalty cannot be imposed if:[25]

• the person has already been convicted of an offence for the same conduct

• criminal proceedings have been started but not concluded

• criminal proceedings have concluded and the person was not convicted

A local authority must have regard to any government guidance when imposing financial penalties.[26]

A landlord might commit a criminal offence if they breach the rules on ground 1 or ground 1A.

A person who is prosecuted and found guilty of one of these offences can be fined up to a maximum of £40,000.[27]

Re-letting or marketing during the restricted period

A landlord or their representative commits an offence if they re-let or market the property during the 12 month restricted period.[28]

It is a defence for a person other than the landlord who markets or authorises a person to market the property if they can show they took all reasonable steps to avoid contravening it. For example, a letting agent who was not aware that the property was in the restricted period.[29]

A person does not commit an offence if they only publish an advert or provide a means by which a prospective landlord and tenant can communicate.[30] For example, online property portals.

Knowingly and recklessly misusing a possession ground

A landlord or their representative is guilty of an offence where both:[31]

• they rely on a possession ground, either knowing or being reckless as to whether the landlord can gain possession on the ground

• the tenant surrenders the tenancy within four months of the notice, and no possession order is made

Where a financial penalty has been imposed

A landlord or their representative is guilty of an offence where:[32]

• a financial penalty has been imposed and the final notice imposing the penalty has not been withdrawn

• the conduct causing the penalty continues after the period of 28 days, starting with the day after the penalty was imposed, or if the person appeals against the final notice, the day after the appeal is determined or withdrawn

Repeated breaches within five years

A landlord or their representative is guilty of an offence where:[33]

• they have received a financial penalty or been convicted of an offence

• within five years they commit another breach for which a financial penalty can be made

Financial penalties for offences as an alternative to prosecution

A local authority can impose a financial penalty as an alternative to prosecution if it is satisfied beyond reasonable doubt that the landlord or their representative is guilty of an offence.[34]

The offences include:

• re-letting the property in the restricted period after using ground 1 or ground 1A

• marketing the property in the restricted period after using ground 1 or ground 1A

• continued or repeated breaches of tenancy law

The maximum amount of a financial penalty as an alternative to prosecution is £40,000.[35]

Find out more about local authority enforcement duties.

An occupier or local authority can apply for a rent repayment order against a landlord who has:[36]

• breached rules on letting or marketing property during the restricted period

• knowingly or recklessly misused a possession ground

A tenant or local authority can apply for up to a maximum of two years' rent. The application must be made within two years of the offence.

Find out more about rent repayment orders.