For many landlords, circumstances change. You may decide to sell your investment property, move back into it, or allow a family member to live there.
Under the Renters’ Rights Act 2025, the process for regaining possession of a rented property has changed significantly. The legislation proposes to remove Section -21 “no-fault” evictions and introduces clearer rules on when landlords can ask tenants to leave. If you’re considering selling your rental property or moving back into it yourself, it’s important to understand how the new system works.
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The Renters’ Rights Act 2025: what landlords need to know
The Renters’ Rights Act introduces major reforms to the private rented sector. One of the most significant changes is the removal of Section 21 “no-fault” evictions, meaning landlords can no longer end a tenancy without giving a reason.
Instead, landlords must rely on specific legal grounds for possession, usually through a Section 8 notice. These grounds allow landlords to regain possession when there is a legitimate reason, such as selling the property or needing to live in it themselves.
The reforms aim to create greater stability for renters while still allowing landlords to manage their properties and investments when circumstances change.
Selling a rented property under the new rules
If you decide to sell a property that is currently rented out, you can use a possession ground specifically designed for landlords who intend to sell.
However, the Renters’ Rights Act introduces safeguards that mean landlords cannot regain possession immediately. In most cases, landlords cannot use the sale ground until the tenancy has been in place for 12 months.
Once the correct notice is served, tenants must be given at least four months’ notice before the landlord can apply to the courts for possession if the tenant does not leave voluntarily.
Because this is a mandatory ground, courts will generally grant possession if the landlord can demonstrate a genuine intention to sell the property.
Moving back into your property
Landlords who want to move back into their property can rely on a similar possession ground. This also applies if a close family member intends to move into the property.
The rules are designed to ensure tenants have a reasonable level of stability while recognising that landlords may need to reclaim their homes. As with the selling ground, landlords must follow the proper notice process and cannot use this ground during the first year of the tenancy.
If the tenant does not vacate after the notice period ends, the landlord can apply to the court for a possession order.
Key notice rules landlords should be aware of
When selling a rented property or moving back into it, landlords must follow several important rules under the Renters’ Rights Act:
- The tenancy must usually be at least 12 months old before certain possession grounds can be used
- Landlords must provide a minimum of four months’ notice to tenants
- A Section 8 notice must be served, citing the correct possession ground
- If the tenant does not leave, the landlord must apply to the court for possession
- The reason for possession must be genuine and properly evidenced
These requirements are designed to ensure that tenants are treated fairly while allowing landlords to regain possession for legitimate reasons.
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Safeguards built into the system
The new legislation introduces stronger safeguards to prevent misuse of possession grounds. Longer notice periods give tenants more time to find alternative accommodation, while the 12-month restriction prevents landlords from ending tenancies soon after they begin.
Courts also play an important role in ensuring that possession claims are legitimate. Landlords must demonstrate that they genuinely intend to sell the property or move into it, helping prevent the system from being used unfairly.
These protections aim to create a more balanced rental market where both tenants and landlords have clearer rights and responsibilities.
Selling with tenants in place
It’s worth noting that asking tenants to leave is not always necessary when selling a rental property. Some landlords choose to sell with tenants in situ, meaning the buyer takes over the tenancy.
This option can be attractive to property investors seeking an income-generating property from day one. Selling with tenants in place may also help landlords avoid notice periods and court proceedings, although the pool of potential buyers may be smaller.
Your local property expert can help you decide which approach is best for your situation.
Planning as a landlord
With longer notice periods and stricter procedures now in place, planning has become more important than ever for landlords. If you think you may want to sell your property or move back into it in the future, it’s worth considering your timelines carefully.
Understanding when you can serve notice, how long the process may take, and whether selling with tenants in place could be an option will help you make informed decisions.
Professional advice can also help ensure notices are served correctly and the legal process runs as smoothly as possible.
How Parkers can help
The Renters’ Rights Act 2025 brings significant changes to how landlords manage their properties. Whether you’re planning to sell a rental property or move back into it yourself, understanding the correct notice rules is essential.
At Parkers, our experienced lettings teams can guide landlords through the latest legislation and help you choose the best course of action for your circumstances. From serving notices to exploring selling options, we’re here to support you every step of the way.
If you’re considering selling your property or reclaiming it for personal use, speak to your local Parkers branch for expert advice tailored to you.
