Lesson 2 – Landlord Selling and Moving-In Grounds

Learning Objectives

By the end of this lesson, learners will be able to:

• Understand the possession ground relating to the sale of a rental property.
• Understand the possession ground relating to the landlord or family occupation.
• Identify the restrictions and qualifying criteria that apply to these grounds.
• Understand the notice requirements associated with each ground.
• Recognise the evidence required to support a possession claim.
• Avoid common mistakes that may result in possession claims being rejected.

Introduction

The abolition of Section 21 has fundamentally changed how landlords recover possession of their properties.

Under the previous system, landlords could generally regain possession at the end of a tenancy without providing a specific reason, provided the correct procedure was followed. Under the Renters’ Rights Act, landlords must now rely upon statutory possession grounds.

Recognising that landlords may have legitimate reasons for recovering possession, the legislation includes grounds that allow landlords to recover a property where they genuinely intend to sell it or where they, or certain family members, intend to occupy it as a home.

These grounds are intended to balance tenant security with a landlord’s right to use, occupy, or dispose of their property.

However, strict requirements apply, and landlords must be able to demonstrate that the ground genuinely exists.

The Selling Property Ground

Purpose of the Ground

The selling property ground allows a landlord to recover possession where they genuinely intend to sell the property.

The government recognised that landlords should not be forced to remain in the rental market indefinitely if they wish to dispose of their investment.

This ground provides a lawful route to possession where a genuine sale is planned.

When the Ground May Be Used

The ground may be available where:

• The landlord intends to place the property on the market.
• The landlord intends to sell the property with vacant possession.
• The intention to sell is genuine and not merely a reason to remove a tenant.

The landlord must have a bona fide intention to proceed with the sale.

Reasons Landlords May Sell

Landlords may decide to sell for many reasons, including:

• Retirement.
• Financial pressures.
• Mortgage costs.
• Portfolio restructuring.
• Inheritance planning.
• Personal circumstances.
• Investment strategy changes.

The court is generally concerned with whether the intention is genuine rather than why the landlord wishes to sell.

Understanding Genuine Intention

A landlord cannot simply state that they intend to sell.

The court will expect evidence demonstrating a genuine intention.

Questions the court may consider include:

• Has the landlord instructed an estate agent?
• Has the property been valued?
• Have preparations for sale commenced?
• Does the landlord have a realistic plan to market the property?
• Are there circumstances suggesting the intention is genuine?

The more evidence available, the stronger the landlord’s case is likely to be.

The Landlord Occupation Ground

Purpose of the Ground

The landlord occupation ground allows possession where the landlord, or a qualifying family member, genuinely intends to occupy the property as their principal home.

This recognises that landlords may need to recover their property due to changing personal circumstances.

Common Circumstances

Examples may include:

• Returning to live in the property after working elsewhere.
• Relationship breakdown.
• Financial hardship.
• Retirement.
• Family accommodation needs.
• Relocation for employment.

The intention to occupy must be genuine and not merely a method of recovering possession.

Qualifying Family Members

Depending on the legislation, possession may also be sought where certain close family members intend to occupy the property.

Examples may include:

• A spouse or civil partner.
• A parent.
• A child.
• Another qualifying relative specified by legislation.

Landlords should always verify the current legal definition of qualifying family members before relying on this ground.

Genuine Occupation Requirement

As with the selling ground, a genuine intention is required.

The court may examine:

• Why is occupation required?
• Whether alternative accommodation is available.
• The credibility of the landlord’s plans.
• Supporting documentation.
• The overall circumstances.

The landlord should be prepared to explain why occupation is necessary.

Restrictions and Qualifying Criteria

The Renters’ Rights Act includes safeguards designed to prevent abuse of these possession grounds.

Initial Protection Period

One important restriction is that landlords cannot usually rely upon certain possession grounds immediately after the tenancy begins.

This protection is designed to provide tenants with a reasonable period of stability.

Landlords should familiarise themselves with any minimum occupation periods that apply before possession can be sought using these grounds.

Genuine Intention Requirement

The intention to sell or occupy must be genuine.

Using a possession ground dishonestly may result in:

• The claim is being dismissed.
• Financial penalties.
• Enforcement action.
• Reputational damage.

Courts take a serious view of false possession claims.

Restrictions Following Possession

In some circumstances, restrictions may apply after possession has been obtained.

For example, legislation may prevent a landlord from:

• Re-letting the property immediately.
• Using the ground for improper purposes.
• Circumventing tenant protections.

Landlords should always ensure they understand any post-possession obligations.

Compliance Requirements

Landlords may also need to demonstrate compliance with wider legal obligations before possession can be obtained.

These may include:

• Registration requirements.
• Safety obligations.
• Regulatory compliance.
• Property licensing requirements.

Failure to comply may affect the landlord’s ability to rely upon a possession ground.

Notice Periods

Before applying to the court for possession, landlords must serve the appropriate notice.

Purpose of Notice

The notice informs the tenant:

• The landlord intends to seek possession.
• The possession ground is being relied upon.
• The timescale involved.
• The tenant’s rights and options.

Importance of Accuracy

Possession notices must be completed correctly.

Errors may include:

• Incorrect dates.
• Incorrect grounds.
• Missing information.
• Improper service.

Any of these errors may invalidate the notice.

Serving Notice

Notice should be served using the legally prescribed procedure.

Methods may include:

• Personal delivery.
• First-class post.
• Other authorised methods.

Evidence of service should always be retained.

Notice Period Requirements

The required notice period may vary depending on the ground being used and any future legislative amendments.

Landlords should always verify the current notice requirements before serving notice.

Failure to provide the correct notice period may delay possession proceedings significantly.

Evidence Required

Possession claims based upon selling or occupation grounds are heavily evidence-based.

The court will expect landlords to provide documentary proof supporting their intentions.

Evidence for the Selling Ground

Examples may include:

Estate Agent Instructions

A signed instruction to market the property can provide strong evidence of an intention to sell.

Property Valuation Reports

Valuations demonstrate that preparations for sale are underway.

Marketing Plans

Evidence showing how and when the property will be marketed may support the claim.

Financial Documentation

Mortgage statements, financial advice, or portfolio restructuring documents may help explain the reason for the sale.

Witness Statements

The landlord may be required to provide a witness statement explaining their intentions.

Evidence for the Occupation Ground

Examples may include:

Personal Statement

A detailed statement explaining why the occupation is required.

Employment Documentation

Evidence relating to relocation or changes in employment circumstances.

Family Circumstances

Documentation supporting family housing needs.

Property Ownership Records

Documents demonstrating the landlord’s connection to the property.

Supporting Evidence

Any additional material that helps establish the landlord’s intention to occupy.

Preparing for Court

A successful possession claim requires preparation.

Landlords should ensure they have:

• The correct notice.
• Evidence of service.
• Supporting documents.
• Witness statements.
• Compliance records.
• A clear explanation of the possession ground.

The court must be satisfied that the legal requirements have been met.

Common Mistakes Made by Landlords

Common errors include:

• Serving the wrong notice.
• Failing to provide sufficient evidence.
• Relying on the ground prematurely.
• Poor record-keeping.
• Inconsistent explanations.
• Assuming intention alone is sufficient.

Possession claims often fail because landlords underestimate the importance of evidence.

Best Practice Recommendations

Landlords should:

• Plan possession claims carefully.
• Gather evidence early.
• Maintain detailed records.
• Use professional documentation.
• Verify notice requirements.
• Seek legal advice where necessary.
• Ensure their intentions are genuine and capable of proof.

Good preparation can significantly improve the likelihood of a successful outcome.

Practical Example

A landlord decides to retire and sell a rental property that has been owned for many years.

Before seeking possession, the landlord:

• Obtains a professional valuation.
• Instructs an estate agent.
• Prepares a witness statement.
• Serves the correct notice.
• Retains proof of service.

When the matter reaches court, the landlord can demonstrate a genuine intention to sell and provide supporting evidence.

This significantly strengthens the possession claim.

Lesson Summary

In this lesson, we have examined:

• The selling property possession ground.
• The landlord occupation possession ground.
• The restrictions and qualifying criteria that apply.
• The notice requirements associated with these grounds.
• The evidence required to support a successful claim.

These grounds provide important routes to possession under the Renters’ Rights Act, but success depends upon careful preparation, compliance with legal procedures, and the ability to demonstrate a genuine intention supported by credible evidence.