I think we’ve all seen the headlines, and most people know as of May 1, 2026, the Tenants’ Rights Act eliminates no-fault Section 21 evictions, but landlords still have Section 8 avenues if they want to sell or stay put.
These passes now come with hefty stipulations, but do your landlords know that could mean costly fines?
12 month protection for tenants
The first year of the tenancy is effectively untouched. A landlord cannot take possession of a property by using a section 8 notice by virtue of selling or transferring unless the tenant has lived there for at least 12 months. There is no legal loophole to shorten that period (except in some rare cases like compulsory purchase). Tell agents you need to explain this to landlords Tenants get year-round protection This is before these new section 8 grounds can be triggered.
extended notice period
Checking your notice period has never been more important, with a number of grounds under Section 8 notice having been extended. The notice period for using Aadhaar 1 or 1A to obtain possession of the property has been doubled from 2 to 4 months. Any notice given on these grounds must now last for four months before it expires. (Tenants only need two months’ notice to leave.) This means landlords have to plan in advance.
Selling: Ground 1A Terms
Ground 1A is the new mandatory ground allowing eviction sales. After the tenant protection period and the correct notice period, the landlord must actually intend to sell the home. In practice this means that the landlord should have taken actual steps such as instructing the estate agent to market the property until the notice expires. The Act does not list specific evidence, but courts will expect evidence of an active sales process. If a landlord simply posts a notice to “sell” but no actual inventory or buyer pipeline, the judge may deny the claim. In fact, agents should advise landlords to have an actual sale plan in place before serving notice.
Once possession is obtained, Ground 1A faces additional long-term restrictions: The property cannot be re-let (or licensed for any use, such as short-term letting) for 12 monthsAfter the tenant moves out. This “no re-letting” rule is designed to prevent landlords from abusing sale land as a back door to re-renting. In other words, if the property does not sell, the owner must keep it vacant and cannot return it to the rental market for a year. You should warn your landlords that advertising or letting a home during this period is a criminal offence, which can lead to heavy fines (up to thousands of pounds).
Going back in: Extended Ground 1
Ground 1 has also turned to landlords who want to reclaim the property for themselves or family members. The list of eligible people has now become wider, including not only the landlord, spouse or civil partner, but also parents, children, grandchildren, siblings and even “half-blood” relatives.
But the same timing rules apply: possession of the property using Ground 1 cannot take place within the first 12 months, and the notice must last for four months. And, like the sale ground, taking possession under Ground 1 also attracts the same restrictions again. This means that if a landlord or family member lives there, the home cannot be advertised or rented out again for any purpose for a full year after the tenant moves out. In all cases, the landlord must satisfy the judge that the relocation plan is genuine. Letting agents should be prepared to gather evidence (for example, written intentions or moving dates) to support any such possession claim.
Key tips for letting agents
● No early removal. Tenants enjoy a protected period of 12 months during which the landlord cannot sell or evict the occupant.
● Long notice. Landlords must give at least four months’ Section 8 notice under Ground 1 or 1A. Not the old two months.
● Proof of sale. To use the “sale” basis, landlords must first actively market the property. Agents should advise clients to keep the estate agent’s instructions or other evidence of genuine selling intention.
● One year re-ban. Once a tenant moves out under these grounds, the landlord cannot re-let or license the property for 12 months. Violation of this will result in severe punishment.
Your basic point is that the RRA still allows eviction by sale or possession, but only under strict new conditions. You will need to improve your processes, update notices and checklists, and advise landlords of additional barriers to protect them and your agency. Now is the time to get fully up to speed: train your team, revise your documents and make sure landlords understand that getting their property back will no longer be a quick or simple process. In this new system, preparation and compliance are everything.
Rachel Ollington, a former letting agency owner, is a consultant and coach at Estate Agency Consultancy.