Section 21 Ban: Can Landlords Still Sell Their Properties?

For years, Section 21 gave landlords in England a relatively straightforward route to regain possession of their rental property before selling. But with the section 21 ban now in force under the Renters’ Rights Act 2025, canlandlords still sell their properties after the Section 21 ban?

The process has changed significantly, especially for those selling with tenants in situ or trying to regain vacant possession.

In this guide, we’ll explain the section 21 ban, the current legal process, how it affects landlords, and how to successfully sell tenanted property.

What is the Section 21 ban?

Section 21 “no-fault” evictions officially ended in England on 1 May 2026 under the Renters’ Rights Act 2025, meaning landlords can no longer evict tenants without providing a legal reason for possession.

The reform also replaced Assured Shorthold Tenancies (ASTs) with Assured Periodic Tenancies (APTs) as standard, giving tenants greater long-term security. This means the traditional route many landlords used before selling a property has disappeared.

How will the Section 21 ban affect landlords?

The biggest impact is that landlords now need a legally valid reason to end a tenancy. Previously, landlords could issue a Section 21 notice with relatively little explanation, but now, they must follow a more structured legal route through Section 8.

Despite concerns across the buy-to-let sector, landlords absolutely still retain the right to sell their property - what has changed is how they regain possession if they want to sell with vacant possession.

Under the new legislation, landlords must now rely on specific Section 8 possession grounds instead of Section 21. One of the key new grounds introduced is the mandatory selling ground, often referred to as Ground 1A. This allows landlords to seek possession if they genuinely intend to sell the property, however, there are important conditions attached.

For landlords planning to sell, this creates several major changes, such as:

Longer sale timelines

Selling a buy-to-let property may now take longer if tenants are occupying the property. Landlords need to serve notice under the correct Section 8 ground and may still need court involvement if tenants do not leave voluntarily.

More evidence required

Landlords must demonstrate genuine intent to sell. The courts are expected to scrutinise possession claims more closely than under the previous Section 21 process.

Restrictions on re-letting

Under the new selling ground, landlords who regain possession to sell cannot simply change their minds and re-let the property shortly afterwards.

Greater focus on tenant rights

The reforms aim to provide tenants with more stability and protection from sudden displacement, this means landlords need to approach sales more carefully and strategically.

For many investors, this has led to a major rethink about portfolio management, particularly among accidental landlords and smaller buy-to-let operators.

Ground 1A: How landlords can sell their rental properties now

The good news is that landlords still have the right to sell and the Renters' Rights Act introduced Ground 1A specifically for this purpose, as outlined in NRLA guidance.

To use Ground 1A you need to:

• The tenancy must have been in existence for at least 12 months by the time the notice period ends
• Give the tenant four months' written notice
• Provide evidence of genuine intent to sell (such as a solicitor's letter or proof the property is being marketed)
• Not re-let the property for 12 months after gaining possession

Misuse of this ground carries fines of up to £40,000. If tenants challenge the claim or remain in the property, court proceedings may still be required.

For landlords who need a quicker, cleaner exit, this is often where selling a tenanted property for cash is often the easiest, most stress-free route.

The legal process after Section 21 ban

Understanding the legal process after the Section 21 ban is essential if you plan to sell a tenanted property in the near future. Here’s how the process generally works now:

1. Use the correct Section 8 ground

Landlords wanting vacant possession to sell must typically use the new mandatory possession ground for sale, this allows landlords to apply for possession if they intend to market or sell the property.

2. Provide proper notice

The current framework requires landlords to provide tenants with notice before court action can begin. Government guidance indicates a four-month notice period applies to the selling ground.

3. Wait for tenant response

Some tenants may leave voluntarily during the notice period. Others may remain in the property, requiring landlords to apply to court for possession.

4. Apply to court if necessary

If tenants do not vacate, landlords must seek a possession order through the courts using Section 8 procedures.

This is one of the biggest differences compared with the old Section 21 process. While Section 21 often relied on accelerated possession procedures, Section 8 claims can involve hearings and additional evidence.

5. Sell the property

Once possession is granted, or if the property is sold with tenants in situ, the property sale can proceed.

Section 21 vs Section 8 / Ground 1A: key differences

The table below summarises the key differences between the old Section 21 process and the new Section 8 / Ground 1A route.

Why more landlords are selling with tenants in situ

Given how long the Section 8 process can take, landlords are beginning to sell their properties with tenants in situ, and in many cases, this may become the preferred option moving forward.

Selling with tenants in situ avoids the need for possession proceedings where the buyer is willing to take the tenancy, and can appeal to other landlords looking for investment opportunities with immediate rental income.

There are several advantages to selling a tenanted property:

• No void periods
• Continued rental income during the sale
• No need for eviction proceedings
• Potential appeal to investor buyers
• Faster transactions in some cases

For landlords exiting the buy-to-let market, this can often be the simplest and most practical solution.

Is selling a tenanted property the easier option?

For many landlords, yes, selling with tenants in place can remove much of the uncertainty surrounding possession proceedings. It can also create a smoother experience for tenants, who avoid sudden displacement during the sales process.

Specialist property buyers experienced in tenanted sales, such as Bettermove, can often:

• Buy properties with sitting tenants
• Work around existing tenancy agreements
• Complete quickly
• Reduce stress for landlords
• Avoid unnecessary delays

This is particularly appealing for landlords looking to exit the market efficiently.

What landlords should consider before selling

If you’re considering selling after the Section 21 ban, it’s worth considering whether a sitting tenant devalues a property and buyer pool is usually more limited because owner-occupiers typically require vacant possession.

Selling your tenanted property after the Section 21 ban

The abolition of Section 21 represents one of the biggest shifts in the private rental sector in decades. But while the rules have changed, landlords still retain the right to sell their properties.

The key difference is that landlords now need to follow a more structured legal process and think carefully about whether selling with tenants in situ may be the smarter option.

For many buy-to-let landlords, flexibility, planning, and professional guidance are more important than ever.

If you’re looking to sell a tenanted property quickly and avoid the uncertainty of the new possession rules, Bettermove offers specialist support for landlords across England. Our cash house buyer service allows you to complete your house sale with financial certainty and speed.

Get in touch with our expert team and start your hassle-free journey today.