Landlords sometimes need to regain possession of a property for practical reasons. You might be planning to sell, return to live in the property yourself or allow a close family member to move in.
Recent reforms to the private rented sector mean the process for ending a tenancy in these situations is becoming more structured. These changes apply in England, with the main reforms expected to take effect from 1 May 2026.
Landlords will need to rely on specific legal grounds, follow longer notice periods and ensure their compliance records are fully up to date.
For landlords who currently have a tenant in place, the timeline for regaining possession may be longer than expected. Understanding how these changes work will help you plan and avoid unnecessary delays.
Related: Possession grounds and the Renters’ Rights Act: what landlords need to know from May 2026
The shift away from Section 21
One of the most significant changes affecting possession is the removal of Section 21 “no-fault” evictions.
Once the reforms take effect, landlords will no longer be able to regain possession without providing a specific legal reason. Instead, possession will rely on defined statutory grounds.
Two of these possession grounds allow landlords to regain a property where they genuinely intend to:
- sell the property
- move back into the property themselves, or allow a close family member to do so.
These remain legitimate routes to possession, but they include safeguards designed to prevent misuse and provide tenants with greater security.
The four-month notice requirement
Where a landlord relies on one of these possession grounds to sell or move back into a property, the new framework requires four months’ notice to be given to the tenant.
It is important to understand that the notice period is only the first stage of the process. If the tenant does not leave once the notice expires, the landlord may need to apply to the court for a possession order.
Court timelines can vary, meaning the overall process may extend beyond four months.
For landlords planning a sale or coordinating an onward purchase, building additional time into your plans can help reduce pressure later in the process.
The minimum tenancy period
Alongside the four-month notice period, another safeguard within the reforms is a minimum occupation period before these possession grounds can be used.
Landlords cannot use these grounds so that the notice requires the tenant to leave within the first twelve months of a new tenancy. This protected period is intended to prevent short-term arrangements that are quickly ended.
For landlords, this means it is important to think carefully before starting a new tenancy if there is a possibility that you may need to regain possession within the next year.
Selling with a tenant in situ
Ending a tenancy is not always the only option when selling a property.
Some landlords choose to sell with the tenant in situ, meaning the buyer takes over the tenancy after the purchase completes.
This approach can have several advantages:
- Rental income continues during the sale
- The property may appeal to investors seeking immediate yield
- Disruption for the tenant can be reduced.
However, the potential buyer pool may be smaller. Owner-occupiers will typically require the property to be vacant before completion.
Local market conditions and buyer demand will usually determine which option works best.
Restrictions on re-letting
An important part of the reforms concerns what happens after possession has been regained using the sell or move-in grounds.
If a landlord ends a tenancy on the basis that they intend to sell the property but later decide not to proceed, they are restricted from re-letting the property for twelve months. Similar restrictions apply where possession was obtained because the landlord intended to move back into the property.
These rules are designed to prevent landlords from removing tenants and then quickly re-letting the property at a higher rent.
Related: Letting with Pets: A Landlord’s Guide to the Renters’ Rights Act 2025
Compliance is essential
Even where a landlord has a valid ground for possession, regulatory compliance remains critical.
Landlords should ensure all required documentation is in place, including:
- deposit protection
- valid gas safety certificates
- up-to-date energy performance certificates
- electrical safety documentation.
If compliance requirements are not met, possession proceedings may be delayed or made more complicated.
The reforms also strengthen enforcement powers for local councils, giving them greater authority to investigate breaches and enforce rules within the private rented sector.
Why realistic timelines matter
When the four-month notice period is combined with the minimum tenancy requirement, potential court proceedings, and restrictions on re-letting, the timeline for regaining possession may be longer than many landlords anticipate.
This does not prevent landlords from selling or moving back into their property. It does mean that planning ahead is more important than ever.
Landlords who review their tenancy timelines early, keep compliance records organised and seek professional advice will be better positioned to manage the process smoothly.
Planning your next step as a landlord
The private rented sector is becoming more structured, with clearer rules around how and when landlords can end tenancies. At the same time, local councils are expected to play a stronger role in enforcing standards and investigating breaches.
For landlords considering selling or moving back into their property, understanding the options early can help to avoid unnecessary delays.
Northwood’s lettings agents can provide guidance on tenancy timelines, compliance requirements and the most practical route for your circumstances.
