Can I evict my tenant to sell my property, and how do I use Section 8 Ground 1B correctly?
Ground 1B is a mandatory Section 8 ground that allows a landlord to recover possession in order to sell the property with vacant possession. Introduced by the Renters' Rights Act 2025, it requires two months' notice and genuine intention to sell within three months of gaining possession. The court must grant possession if the ground is made out.
Legal basis
- Housing Act 1988, Sch. 2, Ground 1B (as inserted by Renters' Rights Act 2025, s.14)
- Renters' Rights Act 2025, s.14 (sale with vacant possession ground)
- Renters' Rights Act 2025, s.22 (retaliatory eviction provisions)
- Housing Act 1988, s.8 (notice seeking possession requirements)
Ground 1B was created by the Renters' Rights Act 2025 as a new mandatory possession ground allowing landlords to sell a property with vacant possession. Before the Act, landlords wishing to sell had to rely on Section 21 (now abolished) or persuade a buyer to accept a tenanted sale, which typically commands a lower price.
To rely on Ground 1B, the landlord must have a genuine and current intention to sell the property. 'Selling' means placing the property on the open market or via auction — not simply transferring it within the family or to a connected party. Courts will be alert to spurious sale intentions used as a pretext to evict, and the retaliatory eviction provisions in the RRA 2025 apply equally here.
If possession is granted and the landlord then does not proceed to sell within a reasonable period (the Act and guidance suggest three months as a benchmark), the former tenant may be entitled to compensation. Landlords should keep contemporaneous evidence of their sale intention — estate agent instruction letters, conveyancing correspondence, or listing screenshots.
Common mistakes to avoid
- Serving a Ground 1B notice when you have no genuine intention to sell — this can result in heavy financial penalties and is unlawful.
- Serving within six months of a tenant exercising a statutory right, without understanding the risk of a retaliatory eviction finding.
- Not retaining evidence of the sale intention at the time of serving — instruct an estate agent before or contemporaneously.
- Confusing Ground 1B (sale) with Ground 1A (landlord or family member moving in) — use the wrong ground and your notice is invalid.
- Failing to give the full two months' notice — even one day short will make the notice defective.
Frequently asked questions
Can I use Ground 1B if I want to sell to a family member?
Caution is advised. The ground requires a genuine sale — transferring to a connected party at an undervalue may be challenged as not being a genuine disposal on the open market. Always take legal advice before using Ground 1B in a family sale.
What if my tenant wants to buy the property themselves?
You can negotiate a sale to your tenant. You are not obliged to accept their offer, and serving a Ground 1B notice does not prevent them from making an offer — but you cannot force them to leave until a court order is made if they are buying.
Does Ground 1B give me the right to immediate possession?
No. The notice starts the two-month notice period. If the tenant does not leave voluntarily, you must apply to the County Court for a possession order. You cannot remove the tenant yourself.
Can I serve Ground 1B and Ground 1A on the same notice?
You may rely on more than one ground in a Section 8 notice, but you should only include grounds you genuinely intend to rely upon. Including a spurious ground to strengthen your case can undermine your credibility with the court.
What evidence should I have before serving a Ground 1B notice?
At a minimum: an estate agent instruction letter or sole agency agreement, or evidence of an active listing (URL, screenshot). Conveyancing solicitor correspondence is also helpful.
How long after gaining possession must I list the property for sale?
The guidance under the RRA 2025 treats three months as a reasonable benchmark. If you have not taken active steps to sell within that period, you risk a compensation claim from the former tenant.