Selling Your Rental Property or Moving Back In: What Landlords Need to Know
The Renters’ Rights Act reshapes how landlords can recover possession when wishing to sell or move themselves, or a family member, back in. With a 12-month protected period, 4-month notice requirement, and a 12-month ban on re-letting after serving notice to sell, timing is everything. Here’s what landlords need to know...
Under the Renters’ Rights Bill, landlords’ rights to reclaim their property — whether to sell or to move back in themselves or for family — are being reshaped. New notice periods, protected periods for tenants, and specific legal grounds (replacing “no-fault” evictions) mean landlords must follow strict rules. Here’s what’s changing, what it means in practice, and how you should prepare.
🔵 What’s Changing Under the new Act
These are the key legal changes relevant if you’re planning to sell your property or move back into it:
Abolition of “no-fault” eviction (Section 21)
The reason these changes are coming in is that once the Bill is enacted, landlords will no longer be able to evict tenants without a stated legal reason. The old Section 21 route is being replaced by possession claims under specific grounds (e.g. landlord wants to sell, landlord or family member wants to move in).
New Ground for Possession: Selling or Personal Use
The Act introduces a couple of mandatory possession ground allowing landlords to regain possession if they intend to sell the property (Ground 1A), or move themselves or a family member in (Ground 1)
Protected period at the start of tenancy
A tenant is protected from eviction on the grounds of selling or landlord-personal use for the first 12 months of the tenancy. During that period, you cannot issue an eviction notice for either of these grounds.
Longer notice period
If you are intending to use these new grounds (sale, moving back in, etc.), you must give 4 months’ notice to the tenant. This is longer than many current relevant notices.
Limitation on re-letting immediately after sale notice
After giving notice under the ground of sale, there is a “no re-letting period” of 12 months - even if the property doesn’t sell. In other words, you must wait 12 months after serving the notice before letting the property again.
🔵 What This Means for Landlords in Practice
These changes have practical consequences. Here’s how they may affect your plans, finances, and timelines:
You can’t force a tenant out to sell or move in for the first 12 months
If your tenancy has just started (or a fixed-term converted under the new rules), until 12 months have passed you are barred from issuing a notice for sale or personal use. This intends to protect tenants’ stability early on.
Must plan well ahead
Given the 4-month notice requirement plus the 12-month waiting period before you can re-let after attempting to sell, you’ll need a long lead-time if your business plan depended on having vacant possession quickly.
Given that the earliest a Ground 1 or 1A notice can expire will be one year after the start of the current tenancy, a landlord doesn’t need to wait until one year to serve the 4 months’ notice; they can serve it after 8 months - or more specifically, on day 1 of the 9th month - this will then coincide with the expiry of the 12 months protected period.
Risk if property doesn’t sell
Even if you serve notice on the basis of selling, but are unable to actually sell within that period, you still cannot simply re-let immediately - you must observe the 12-month “no re-letting” period. This could result in extended void periods.
Higher burden of evidence
Because “no-fault” evictions are being removed, you will need to properly justify the sales or personal-use ground when making a Section 8 possession claim. That means having documentation, proof of intention, possibly proof that sale or move-in is genuine.
Potential financial impact
The longer notice period, waiting period before re-letting, and possible void periods may increase costs. Expect that any plan to sell or move back in will involve planning for at least four months’ notice plus other lead-times.
Selling to another investor
If the property is sold to another investor and the tenancy remains in effect, the tenant’s rights, including the tenancy terms, continue under the new owner. The new landlord “steps into the shoes” of the old one. This is standard under English property law and is not changed by the Act.
If the new landlord wants to recover possession to sell the property or move into it, they must observe the 12 month restricted period. However, the change of ownership does not reset the 12-month protection period as this begins from the start of the existing tenancy.
🔵 How Landlords Can Prepare
To ensure compliance and minimise disruption/cost, here are practical steps landlords should take now:
Check tenancy start dates
Identify which tenancies are within their first 12 months. If so, you cannot serve notice for sale or personal use grounds until the first day of month 9 of the tenancy.
Keep clear documentation of your intention
If planning to sell or move in, keep records showing you genuinely are doing so (e.g. valuation reports, marketing, notices, family need, etc.).
Plan notice timing into your schedule
Work backward: you need 4 months’ notice + tenant-protected period (if applicable) + potential marketing/sale lead time. Don’t start the eviction process too late in case sale takes longer.
Update tenancy agreements and policies
Remove or revise any old clauses (especially if they reference Section 21 or fixed-term expiries) that might conflict with new law. After the fixed term is gone and everything becomes periodic, ensure your internal procedures reflect the rights under the new grounds.
Communicate with tenants
If you do intend to sell or move in (once you're legally allowed), talk early. Clear, fair communication can reduce conflict, delay, or resistance.
Budget for voids and delays
Because you may not be able to re-let immediately, and given the extra protection periods, plan financial reserves for periods without income or when the property is sitting empty awaiting sale.
Monitor the Bill’s implementation and commencement dates
Many changes will only take effect once Royal Assent and commencement regulations are in place. Double-check when the new rules apply to your tenancy, so you don’t try to apply them prematurely - Cope & Co. will keep you up to date with the important dates.
🔵 Final Word
The Renters’ Rights Act significantly limits the ability of landlords to recover possession for sale or personal use in the short term. You’ll only be able to act after 12 months from the start of the tenancy, with a 4-month notice period, and even then face a 12-month restriction before re-letting if the sale doesn’t happen.
For landlords, the key is planning early, keeping solid records, and aligning your timing with the new legal framework to avoid costly mistakes or delays.
At Cope & Co., we’re here to make sure compliance never feels like a burden. From keeping your paperwork watertight to navigating the Renters’ Rights Act with confidence, our team can help you stay ahead and protect your income. Get in touch today to see how we can support you.
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