Your landlord wants the property back to sell - can they evict you?
Direct answer
Your landlord can seek possession because they intend to sell only by using the correct legal process. Since the Renters' Rights Act reforms, the relevant route is Ground 1A in Schedule 2 of the Housing Act 1988, not a new Section 21 notice. The landlord must serve a valid Section 8 notice, give the required notice period, and prove the ground in court. You do not have to leave just because the landlord says the property is going on the market.
What the law says
Schedule 2 Ground 1A of the Housing Act 1988 is the possession ground where the landlord intends to sell the dwelling-house. It was added as part of the Renters' Rights Act 2025 reforms that ended new Section 21 notices. Ground 1A is a mandatory ground if the statutory conditions are proved, which means the court must make a possession order if the landlord proves the ground and the notice and timing rules are valid.
Section 8 of the Housing Act 1988 requires the landlord to serve a notice identifying Ground 1A and giving the correct notice period. Current post-reform guidance treats sale and owner-occupation grounds as requiring a long notice period, commonly four months. The landlord still has to show a genuine intention to sell, not just a vague possibility or pressure tactic.
Step-by-step: what to do
1. Check whether the document is a Section 8 notice on Form 3 and whether it names Ground 1A.
2. Check the notice period and the date possession is said to be required.
3. Ask what evidence the landlord has of a genuine sale intention, such as estate agent instruction, valuation, listing, or sale preparation.
4. Keep paying rent and keep communication in writing. Do not agree to leave early unless you choose to.
5. If court papers arrive, file a defence if the notice, timing, service, or sale evidence is defective.
Common mistakes to avoid
Do not assume a sale intention means immediate eviction. The landlord still needs notice, court, order, and bailiff warrant. Do not leave before checking whether the notice is valid. Do not ignore weak evidence: a casual statement that the landlord is thinking about selling is not the same as proving the ground. Do not confuse viewings with a duty to leave; viewings still require proper notice and your cooperation within reasonable limits.
- Check for Ground 1A on Form 3.
- Ask for sale evidence.
- Do not leave before the court process finishes.
- Keep viewing access reasonable but documented.
Related guidance
- Section 8 checker
Check Ground 1A, notice timing, evidence, and court risks. - Ground 1A sale ground
How the landlord's intention to sell ground works. - Section 8 grounds
Compare Ground 1A with other possession grounds. - Can your landlord evict you?
Full post-Section 21 eviction route guide.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK: ending an assured tenancy
Government guidance for landlords on ending assured periodic tenancies using Section 8 notices and the correct notice period. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England.
Common questions
- Your landlord wants the property back to sell - can they evict you?
- Your landlord can seek possession because they intend to sell only by using the correct legal process. Since the Renters' Rights Act reforms, the relevant route is Ground 1A in Schedule 2 of the Housing Act 1988, not a new Section 21 notice. The landlord must serve a valid Section 8 notice, give the required notice period, and prove the ground in court. You do not have to leave just because the landlord says the property is going on the market.
- Do I have to allow sale viewings?
- You should allow reasonable access if the tenancy agreement permits viewings and proper notice is given. You do not have to accept unlimited or unannounced visits.
- Can the landlord use Section 21 to sell?
- No new Section 21 notices can be served after 1 May 2026. The landlord must use a Section 8 ground such as Ground 1A.
- What evidence proves the landlord intends to sell?
- Estate agent instructions, valuations, listing preparations, marketing evidence, and sale-related documents help. A vague statement is weaker.
- Can I challenge Ground 1A?
- Yes. You can challenge notice defects, service, timing, whether the tenancy is protected by any restriction, and whether the sale intention is genuine.
Is this legal advice?
This is legal information for renters in England, not legal advice. If you need advice on your specific facts, contact Shelter (0808 800 4444), Citizens Advice, your council, or a housing solicitor.