Giving Notice to Sell

Giving Notice to Sell

Under the Renters' Rights Act (RRA), Section 21 no-fault eviction is abolished. To recover possession for sale, landlords must use Section 8 and rely on a specific ground.

Ground 1A — Landlord Intends to Sell:

• New mandatory ground introduced by the Renters' Rights Act
• Landlord must genuinely intend to sell the property
• Notice period: 4 months
• Cannot be used within the first 12 months of the tenancy
• If the landlord does not sell within 3 months of vacant possession, the tenant may have a claim

Ground 1 — Landlord or Family Member Intends to Occupy:

• Existing mandatory ground (pre-RRA)
• Landlord or close family member intends to move in
• Notice period: 4 months
• Cannot be used within the first 12 months of the tenancy

The Notice Process:

• Serve a Section 8 notice on the prescribed form specifying the ground
• Ensure the notice period is correct — errors invalidate the notice
• If the tenant does not vacate, apply to the court for a possession order
• A mandatory ground means the court must grant possession if the ground is proved

Practical Steps:

• Instruct an estate agent and obtain a valuation before serving notice
• Keep evidence of your intention to sell (agent instruction, marketing materials)
• Consider offering the tenant a cash incentive to vacate early
• Ensure all compliance documents are in order before serving notice