There may come a time when a landlord needs to regain possession of a property. You might be planning to sell your rental home, or your circumstances may have changed, and you wish to move back into the property.
From 1 May 2026, the Renters’ Rights Act will change how landlords in England regain possession. While landlords can still recover their property for legitimate reasons, they must rely on specific legal grounds and follow clearer notice requirements and tenant safeguards.
Understanding how these rules work can help landlords plan before beginning the possession process.
Related: Renters’ Rights Act possession grounds: what landlords need to know from May 2026
Possession grounds for selling or moving back in
Under the new framework, landlords must rely on recognised legal grounds when seeking possession.
Two of the relevant grounds allow landlords to regain possession if they intend to:
- sell the property
- move back into the property themselves, or allow a close family member to live there
These grounds recognise that landlords may need their property for personal or financial reasons. However, they also introduce safeguards designed to ensure the rules are used appropriately.
Once the correct ground has been identified, the next step is understanding the notice requirements.
Notice periods landlords must provide
Four months’ notice for tenants
Where a landlord intends to sell the property or move back into it, tenants must receive at least four months’ notice.
This longer notice period is intended to give tenants more time to find alternative accommodation.
However, the end of the notice period does not always mean the tenant will leave immediately.
Court action may still be required
Tenants do not have to leave during the notice period. If the tenant remains in the property after the notice expires, the landlord may need to apply to the court for a possession order.
Court timelines can vary, meaning the full process of regaining possession may take longer than landlords initially expect.
Safeguards introduced for tenants
Alongside the notice rules, the reforms introduce additional protections for tenants.
Protection during the first twelve months of a tenancy
Landlords cannot rely on the “sell” or “move-in” grounds to require a tenant to leave within the first twelve months of a new tenancy.
This safeguard is designed to provide tenants with greater stability when they first move into a property.
Restrictions after possession
Where a landlord regains possession using these grounds, there are restrictions on re-letting the property for twelve months.
These rules are intended to prevent landlords from ending tenancies simply to replace tenants or increase rent.
If the restrictions are breached, local councils may investigate and take enforcement action.
Compliance requirements landlords should not overlook
Even where a valid possession ground exists, landlords must still meet all legal obligations relating to the tenancy.
Key documents that must be in place
Landlords should ensure that the following requirements are satisfied:
- deposit protection
- valid gas safety certification
- an energy performance certificate
- electrical safety documentation
If these requirements are not met, possession proceedings may become more complicated or delayed.
Local councils also have powers to investigate compliance issues within the private rented sector.
Planning under the new rules
For landlords considering selling a rental property or returning to live in it, the key message from the reforms is the importance of planning.
The combination of a twelve-month tenancy safeguard, a four-month notice period and the possibility of court proceedings means that regaining possession may take longer than many landlords previously experienced.
However, landlords can still recover their property for legitimate reasons where the correct legal grounds are used.
If you are considering selling a property or moving back into your rental home, the Whitegates team can help you understand the latest regulations and plan the most appropriate next steps.
