Can Landlords Evict a Tenant to Sell the House Under the Renters Reform Bill?
The rental and letting property landscape in England is undergoing significant reform. The Renters Reform Bill, one of the most talked-about housing reforms in decades, aims to rebalance the scales between tenants and landlords.
As part of this change, the Bill introduces new limitations on how and when a landlord can evict a tenant, especially when they intend to sell the property.
Historically, landlords relied on Section 21 of the Housing Act 1988—often referred to as the “no-fault” eviction clause. Under Section 21, a landlord could evict a tenant without needing to give a specific reason, provided proper notice was given.
However, the Renters Reform Bill abolishes Section 21 entirely.
This change introduces a new framework in which landlords must provide a legal reason (or “ground”) to terminate a tenancy. Selling the property is one such reason, but specific rules under the new legislation now bind it.
This article explores in detail whether and how landlords can evict tenants to sell a house under the Renters Reform Bill, what restrictions apply, and what both landlords and tenants need to know to navigate the post-reform rental system in England.
The End of “No-Fault” Evictions
One of the central pillars of the Renters Reform Bill is the abolition of Section 21. This fundamentally changes how landlords may take possession of their rental properties.
Without Section 21, landlords must now use Section 8 of the Housing Act 1988, but only by citing one of the approved legal grounds for eviction.
This change is designed to provide renters with greater security and stability, ensuring they cannot be evicted arbitrarily.
However, it also raises questions for landlords who wish to sell their property. Can they still recover possession? The answer is yes, but under new and specific rules.
The New Ground for Selling a Property
Under the Renters Reform Bill, a new mandatory ground for eviction is introduced. This ground allows landlords to regain possession of their property if they genuinely intend to sell it.
However, this right is accompanied by several essential conditions. Landlords can no longer notify a tenant and expect vacant possession within two months.
Instead, they must follow a strict procedure, and tenants now have greater legal protection against short notice and unjustified evictions.
Conditions That Must Be Met to Evict for Sale
Minimum Tenancy Duration Before Serving Notice
Under the new rules, landlords are not allowed to evict a tenant to sell the property until at least 12 months have passed since the start of the tenancy.
This means that even if a landlord decides six months into the tenancy that they wish to sell, they cannot take action until the 12-month mark.
This restriction aims to prevent rapid, opportunistic evictions and encourages landlords to think carefully before entering into a tenancy agreement.
Notice Period of Four Months
Once the 12-month threshold is met, the landlord can serve notice under Section 8 using the new ground for sale. However, the notice period is more extended than what landlords were used to under Section 21. The minimum notice period is four months.
This gives tenants more time to find alternative accommodation, arrange finances, and adjust their living arrangements without the immediate pressure of short notice.
Proof of Intention to Sell
The landlord must genuinely intend to sell the property. Evidence of this intention may be required, especially if the tenant challenges the notice in court. Such evidence could include:
- Instructions to an estate agent
- Valuation reports
- Marketing materials showing the property is for sale
The law is designed to prevent landlords from pretending to sell to evict a tenant, only to relet the property at a higher rent.
One-Year Ban on Reletting
Perhaps the most significant deterrent against abuse is the rule that prevents landlords from reletting the property for at least 12 months after the tenant has vacated due to the eviction.
If the sale falls through or the landlord changes their mind, they must still leave the property empty.
This rule is intended to dissuade speculative evictions and ensure that the property is genuinely being sold rather than used as a mechanism to change tenants or increase rent unjustly.
What This Means for Landlords
The new rules have serious implications for landlords. Planning and documentation are now more important than ever. A landlord who wishes to sell must do the following:
- Wait until at least 12 months have passed in the tenancy
- Serve a Section 8 notice citing the appropriate ground
- Provide at least four months’ notice
- Have documentary proof of intent to sell
- Be prepared to keep the property empty for a full year if the sale does not proceed
These conditions significantly increase the timeline and potential financial impact of deciding to sell a tenanted property.
Legal Process and Enforcement
If the tenant does not leave voluntarily after the notice period expires, the landlord must apply to the court for a possession order. At this stage, the court will examine whether the landlord has met all the required conditions for the eviction to be lawful.
If the court is not satisfied with the evidence presented or believes that the eviction is not genuine, it may refuse to grant possession. Therefore, landlords must ensure that all their paperwork is accurate and that their reasons for sale are credible and well-documented.
Furthermore, local councils and regulatory bodies are expected to enforce the new rules strictly. If a landlord is found to have relet the property within 12 months of the tenant’s departure, they may face fines and other penalties.
Implications for Tenants
For tenants, the new rules provide a significantly improved sense of security. Knowing that they cannot be evicted without cause—and that even if the property is being sold, they have four months’ notice—provides stability.
Moreover, the 12-month barrier means that tenants who have only recently signed a lease are safe from sudden displacement. Should an eviction occur, the year-long ban on reletting ensures that tenants are not being removed simply to hike up the rent with a new occupant.
Tenants also have the right to challenge the eviction in court. If they suspect the landlord is using the sale ground dishonestly, they can contest it. Landlords must then prove their genuine intent to sell.
Strategic Considerations for Landlords
Landlords considering the sale of their property should plan well in advance. The days of easily reclaiming possession and proceeding with a sale within a couple of months are over.
To minimise financial loss and legal complications, landlords should:
- Consider the timing of the sale relative to the tenancy start date
- Engage with legal professionals early in the process
- Keep detailed records of their intention and progress toward selling
- Ensure they have the financial stability to endure potential vacancy periods
Those who need to sell quickly may find that it is more viable to sell the property with the tenant in situ, potentially to another landlord. However, this may limit the market and reduce the sale price.
Selling with a Sitting Tenant
The alternative to evicting a tenant is to sell the property with them in place. Some buyers, especially professional landlords or investors, may be open to this arrangement.
Selling with a sitting tenant allows the landlord to maintain rental income during the sales process and avoids the delays and legal risks associated with eviction.
However, it also comes with limitations. Owner-occupiers, for instance, are unlikely to purchase a tenanted property, and the value may be lower compared to vacant possession.
Timeline Example
Let’s consider a hypothetical scenario. A landlord signs a tenancy agreement with a new tenant on 1 January 2024. If the landlord decides to sell in July 2024, they cannot serve notice until after 1 January 2025.
After that, they must give the tenant four months’ notice, meaning the tenant would be required to vacate by May 2025 at the earliest. The landlord would then be prohibited from letting the property again until at least May 2026 if the sale does not proceed.
This scenario underscores the importance of long-term planning and risk assessment under the new regime.
Benefits and Challenges
While the Renters Reform Bill imposes stricter controls on landlords, it also helps to professionalise the private rental sector. Genuine landlords who maintain good practices and communicate clearly with tenants are still able to sell their properties, albeit with more procedural responsibility.
The major challenges lie in the extended notice periods, the evidentiary burden, and the potential for prolonged vacancies.
These factors may discourage casual or short-term landlords from entering the market, which is part of the government’s intention to build a more stable, long-term rental sector.
Frequently Asked Questions (FAQs)
Can I still evict a tenant to sell my house under the Renters Reform Bill?
Yes, you can, but only after 12 months of tenancy and with a four-month notice period under the new grounds introduced in Section 8.
Do I need to prove that I’m selling the property?
Yes. You must provide credible evidence such as estate agent instructions or marketing materials. If challenged in court, a lack of evidence could result in the case being dismissed.
Can I evict a tenant and then change my mind about selling?
If you evict a tenant using the ground for sale and then choose not to sell, you cannot relet the property for 12 months from the date the tenant leaves.
What happens if I try to relet the property within the 12-month ban?
You may face enforcement action, including financial penalties, as this violates the conditions of the eviction ground.
Can I evict a tenant before 12 months if I want to sell urgently?
No. The law does not allow the use of the sale ground until 12 months have passed since the tenancy began.
What if the tenant refuses to leave after I give notice?
You would need to apply for a possession order from the court. The court will assess whether you’ve met all legal requirements before granting possession.
Can I sell the property with the tenant still in place?
Yes, but this may limit your buyer pool to investors or landlords. Properties with sitting tenants often sell at a lower price.
Will tenants be compensated if the eviction is found to be dishonest?
There is no automatic compensation mechanism, but tenants may bring a claim for unlawful eviction or seek other remedies through legal channels.
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