Section 8: Selling your property – or want to move in?

Following the abolition of Section 21 under the Renters’ Rights Act, you will now need to use the grounds-based process under Section 8 to take back possession of your rental property. As part of a new regular feature series, we are taking a deep dive into the 37 revised grounds, looking into how and when you can use them, notice periods and the level of evidence needed to support your claim.

For our first deep dive, we will start at the beginning, and take a look at grounds 1 and 1a. 

• Ground 1: can be used if you or a close family member plan to move into your rental property. 

• Ground 1a: can be used if you want to sell the property. 

Both are mandatory grounds – meaning that if you can prove the ground, the court has to give you a possession order to start the process of repossessing the property. 

If the tenant does not leave during the notice period, you can start court proceedings to take back your rental. 

But it’s important to note, if you are using these grounds, you cannot ask the tenant to give up possession in the first 12 months of the tenancy.

Using Ground 1

To use this ground either you must want to move into the property yourself, or need it for a ‘close’ family member. For the purposes of the ground, this includes any husband, wife, civil partner, or partner with whom you share a home, as well as any parent, grandparent or sibling, and child or grandchild of you or your partner. It also includes half siblings. The ground already existed pre-Renters’ Rights but has been changed to expand the definition of close family and removing the need to give your tenants prior notice that you intend to use the ground.

Using Ground 1a

Ground 1a is a new ground introduced under the Renters’ Rights Act and can be used if you want to sell your rental property for whatever reason.

What do I need to do to serve the notice?

Section 8 notices changed significantly from 1 May 2026, with a new version of the notice created in response to this. 

The Section 8 notice is a prescribed form, meaning it must contain wording mandated by the Government. The new version, Form 3a, is available to download from the Government website.  

As well as information including: 

• The full name of all tenants 

• An accurate date on which you may apply for possession 

• An explanation of why you are relying on the possession ground 

• Your details (or your agent’s) and a signature 

You will also need to insert the legal text of each ground (available via the link) for the notice to be valid.  

It is important to make sure you are using the right form as the old form (Form 3) is now invalid. You also need to be careful when filling it in, as you could face a fine for getting it wrong. 

Once this is complete, you can serve the Section 8 notice on your tenant. If they fail to leave once the notice period has expired, you can apply to the courts to repossess the property.

What is the notice period?

For both Grounds 1 and 1a, you must give at least four months’ notice before you can apply for a possession order to take back your property. 

If you are using these grounds, you cannot ask the tenant to leave during the first 12 months of a new tenancy. However, Government guidance says you can give the four months’ notice during this period, provided it does not expire before the 12-month period has ended. If it would, then you need to give a longer notice period to take the tenancy past the one-year mark. 

It is worth noting that 1st May 2026, when the Renters’ Rights Act was introduced, did not act as a ‘reset’ for the date on which existing tenancies began.

Restrictions on gaining possession

The Act has introduced two new restrictions which could prevent you being granted possession. This would happen where: 

• You haven't correctly protected the security deposit. 

• You have marketed or let a property without registering on the PRS Database. 

As the database isn’t live yet, only the first restriction is currently in force.

Is there anything I can do if I only realise there is an issue after serving the notice?

The restrictions don't prevent you serving a Section 8 notice, they prevent you from obtaining a possession order. 

You could serve the Section 8 notice, realise the deposit is unprotected, and protect or return the deposit to the tenant before the court hearing to regain your right to a possession order. 

However there are fines and penalties associated with this – so it makes sense to make sure you are compliant with the rules at all times.

What do I need to prove?

Surprisingly this isn’t covered in the Government guidance, so is likely to rely on case-law, which has yet to be established as the legislation is in its infancy. That said you will need to prove you are genuine to a judge. 

When it comes to Ground 1, documents that could be used to support your use of the ground could include documents showing you have sold or are selling your main residence, or that your children, or your family members’ children are enrolled in schools nearby. 

In a recent episode of our podcast, Listen Up Landlords, property dispute expert and managing director of Woodstock Legal Services, Carly Jermyn, said judges will be looking for firm evidence of your intentions. 

That could include a property valuation or communications with an estate agent or property portal if you plan to sell, for example. 

Once these cases start to make their way through the courts, we will keep you updated on how judges are interpreting the new rules and the level of evidence they are looking for.

Rules on reletting?

Many landlords have got in contact with us to ask more about the rules around reletting should, for example, the property fail to sell, or, in the case of Ground 1 the landlord’s circumstances change. 

According to the guidance you cannot advertise the property to relet, or physically re-let it until 12 months from either:  

• The date given in the notice (four months after the serve date).

• The date on which the possession claim is filed with a court.   

The final date will be whichever is the later of the two.

Is there anything else I need to know?

We recommend that when serving notice for either ground 1 or ground 1a, you do not use any other grounds on the notice.  

Ground 1 relies on evidencing your clear intention to move yourself or a family member into the property – so adding additional grounds could muddy the waters and call into question your true intentions. 

Read your contract before serving, to check which methods are allowed. Ideally the best method is to hand deliver it to the tenant personally and get them to sign for it.  

Whilst you can now email the notice, if it is clear in your contract, we would generally advise against it as it is much more likely the tenant may not see the notice, or choose to ignore it. 

You should also remember cannot use ground 1a if your tenant has an non-assured tenancy created before 1 May 2026 (rather than an assured shorthold tenancy, or AST). These tenancies, which you can read more about here, are not impacted by the Renters’ Rights Act.

What if I get it wrong?

You can face fines if you get it wrong. If you are using one of these grounds, but have no intention of selling or moving in (or of a close relation moving in) – and your tenant leaves in line with the notice period – you could be fined up to £7,000.  

If you commit a criminal offence by breaching the rules on ground 1 or ground 1A you could be fined up to a maximum of £40,000. 

Your tenant could also apply for a rent repayment order if you have:  

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

• knowingly or recklessly misused a possession ground 

This application would need to be made within two years of the offence and could be for a maximum of two years' rent.  

The new rules are complex, and it is vital you read related guidance to avoid getting anything wrong. 

For more on the grounds-based process click here. This page also includes completion notes allowing to help you fill in form 3a, the new Section 8 notice.

More information

• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.      
• We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.       
• The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.