Section 21 Has Ended: What Does It Mean If You Want to Sell Your Rental Property?

From 1 May 2026, Section 21 no-fault evictions ended for private rented sector tenancies in England. That does not mean landlords can no longer sell. It means the route to getting possession has changed, and landlords now need to plan the sale more carefully. The Government’s implementation roadmap confirms that Section 21 has been abolished, most private tenancies are moving to Assured Periodic Tenancies, and landlords must rely on valid Section 8 grounds where possession is needed.

For landlords in London and Essex, the main message is simple: you can still sell your rental property, but the old “serve Section 21 and list the property” approach is no longer the default route.

What was Section 21?

Section 21 allowed many landlords to seek possession of an assured shorthold tenancy without giving a reason. It was often used when a landlord wanted to sell, move back in, or simply bring a tenancy to an end.

Under the new system, landlords must have a valid legal ground for possession. If the tenant does not leave after notice is served, the landlord must go through the court process and prove that the ground applies.

This is a major change for landlords who are thinking about selling, especially if they need vacant possession for the buyer.

Can you still sell a rented property?

Yes. You generally have two routes:

1. Sell with the tenant in place
2. Seek vacant possession using the correct possession ground

The right route depends on your buyer, your timescale, the tenancy, the condition of the property, and whether the tenant is likely to cooperate with viewings and moving plans.

Option 1: Sell with the tenant in place

Selling with a tenant in situ can work well if your buyer is another landlord or investor.

This route may suit you if:

• The tenant is reliable and paying rent
• The tenancy paperwork is clear
• The property is compliant and well managed
• The rent level makes sense for an investor
• You want rental income to continue during the sale process

The downside is that your buyer pool may be smaller. Many owner occupiers want vacant possession, so a tenanted sale often appeals more to buy-to-let investors than residential buyers.

Before choosing this route, make sure your paperwork is clean. A buyer’s solicitor will usually want to see tenancy documents, deposit information, rent records, compliance certificates, and any notices served.

Option 2: Sell with vacant possession using Ground 1A

If you want to sell with vacant possession, the key new route is Section 8 Ground 1A, which applies where the landlord intends to sell the property.

Government guidance says Ground 1A can be used if you intend to sell, but you cannot use it within the first 12 months of a new tenancy. The notice period is 4 months before you can apply to the court for a possession order.

In simple terms:

• You need a genuine intention to sell
• You need to serve the correct notice
• You need to give the tenant 4 months’ notice
• You cannot use this ground in the first 12 months of a new tenancy
• If the tenant does not leave, you need to apply to court
• You may need evidence that you genuinely intend to sell

The Government gives examples of evidence a landlord might use, such as showing they have instructed an estate agent and solicitor.

Do not use Ground 1A casually

Ground 1A should not be treated as a general reset button.

The Government has made clear that restrictions apply after using the moving in or selling grounds. Landlords will not be able to market or re-let their property for 12 months after using these grounds, and there are enforcement consequences where possession grounds are misused or letting and marketing restrictions are breached.

That means you should be confident about your sale plan before serving notice. If the sale falls through, you may not be free to simply put the property straight back on the rental market.

What if you served a Section 21 notice before 1 May 2026?

Transitional rules may apply.

Government guidance says Section 21 possession claims already going through the courts on the commencement date can continue. It also says that where a private landlord served a Section 21 notice before 1 May 2026, any court possession proceedings must follow the usual rules and be started no later than 31 July 2026 if using the Section 21 court process. After that, the landlord must use the new grounds for possession.

If this applies to you, take proper legal advice before making decisions. A small timing mistake could affect the whole sale.

What landlords should do before selling

Before you put the property on the market or serve notice, get your position clear.

1. Decide who your likely buyer is

If your buyer is another landlord, a tenant in situ sale may be possible.

If your buyer is likely to be an owner occupier, you may need vacant possession, which means planning around Ground 1A and the court process if the tenant does not leave.

2. Check the tenancy timeline

Ground 1A cannot be used in the first 12 months of a new tenancy. If your tenancy is recent, your sale timeline may need adjusting.

3. Review your compliance documents

Before possession or sale, make sure the file is clean. This may include:

• Tenancy agreement
• Deposit protection evidence
• Rent statement
• Gas Safety Certificate
• EICR
• EPC
• Licence documents, if the property needs a licence
• Maintenance records
• Communication history with the tenant

Government guidance also confirms that the court will not be able to make a possession order if the tenant’s deposit has not been protected in a government approved tenancy deposit scheme.

4. Get a realistic valuation

Selling a rental property is not just about headline price. You need to understand:

• Value with the tenant in place
• Value with vacant possession
• Likely buyer demand
• Expected timescale
• Whether any repairs or compliance issues could slow the sale

5. Keep communication calm and professional

Tenants may feel unsettled when a landlord decides to sell. Clear communication can help reduce stress, protect access for viewings, and avoid unnecessary conflict.

Explain what is happening, give proper notice, and keep a written record of important conversations.

Should you sell or keep the property?

The end of Section 21 may make some landlords rethink their plans, but selling is not the only option.

If the property is performing well, you may decide to keep it and improve the management structure. If the property is creating stress, compliance issues, repairs, void periods, or inconsistent income, you may want to compare selling against a managed rental option.

ABC Gone helps landlords and sellers across London and Essex with lettings, property management, Guaranteed Rent, and property sales. Our approach is practical, local, and focused on reducing stress for landlords while keeping communication clear.

For landlords who are not ready to sell but want more certainty, ABC Gone’s Guaranteed Rent service is designed around predictable monthly income, no void periods, vetted tenants, and full management.

Quick checklist: selling after Section 21

Before you make your next move, ask yourself:

• Do I want to sell with the tenant in place or with vacant possession?
• Is the tenancy within the first 12 months?
• Do I have a genuine intention to sell?
• Have I taken advice on the correct notice route?
• Are my compliance documents in order?
• Have I protected the deposit correctly?
• Have I built enough time into my sale plan?
• Do I understand the risk if the sale falls through?
• Have I spoken to an agent who understands both lettings and sales?

FAQs

ABC Gone can help you look at your options, whether that is selling with the tenant in place, preparing for vacant possession, or keeping the property under professional management.

Phone: 02085 530645
Email: info@abcgone.com
Address: 33 Station Road, Harold Wood, Romford RM3 0BS