Section 8 notice to sell: can a landlord make a tenant leave under the Renters' Rights Act?

Schedule 1 of the Act sets the wording. The landlord must intend to sell a freehold or leasehold interest in the property, and the current tenancy must have begun at least one year before the relevant date. GOV.UK's guide to the Act describes Ground 1A as a mandatory ground, which means the court must order possession if it is proven, but the landlord still has to prove it.

GOV.UK adds some limits:

• It cannot be used within the first 12 months of a new tenancy. Notice can be served earlier, but it cannot expire before the 12 months have ended.
• It cannot be used if the tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy, sometimes called a lifetime tenancy.
• Most social landlords cannot use it.

1. Check the ground applies. Confirm the tenancy is old enough and that it is not a pre-May 2026 lifetime tenancy.
2. Serve the notice. GOV.UK says the notice must be on Form 3A, or a form substantially to the like effect, and must set out the ground and the reasons. It warns that an incomplete or inaccurate notice could lead to a claim being dismissed or delayed.
3. Meet the deposit rules. GOV.UK says the landlord must show the deposit was protected in an approved scheme and that the prescribed information was given.
4. Wait out the notice. At least 4 months must pass before applying to court.
5. Apply to court if the tenant stays. GOV.UK says that if the tenant does not leave, the landlord applies for a possession order. For grounds other than rent arrears this uses the paper process with forms N5 and N119, and GOV.UK lists a £415 application fee.
6. Give evidence at the hearing. GOV.UK says evidence of intent to sell could include proof that the landlord has instructed an estate agent.
7. Enforcement if needed. If the tenant still does not leave after an order, a warrant is needed. GOV.UK lists a £148 fee for that application.

A tenant has the right to stay until a court order says otherwise. Changing the locks or pressuring a tenant to leave is not a lawful route.

Yes, a sale does not have to wait for the tenant to leave. GOV.UK's repossession guidance does not set out how a sale with the tenant in place works, so ask a solicitor how the tenancy and deposit transfer on completion. The buyer is often an investor. Our article on selling a house with tenants compares the two routes in more detail, and the tenanted sale tool helps you think through the in-place option.