Following the abolition of Section 21 'no fault' evictions, landlords seeking possession will generally need to rely on one of the statutory grounds under Section 8.
Ground 1A
For landlords who are intending to sell the property, Ground 1A is likely to be the most applicable. This ground can be used if landlords are genuinely intending to sell the property, and evidence will be required to demonstrate this.
Notice Period
For ground 1A, there is a 4 month notice period before you can apply to the Court for a possession order to evict your tenant.
This ground cannot be used within the first 12 months of a new tenancy i.e., within 12 months from the date the original tenancy agreement commenced.
You can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12-month period has ended.
Evidence Required
Should landlords wish to rely upon Ground 1A, the Court is likely to expect evidence demonstrating a genuine intention to sell the property. Such evidence may include, but is not limited to:
- a property valuation;
- estate agent instructions and correspondence;
- details of marketing activities;
- records of viewings; and
- any other documentation evidencing steps taken towards a sale.
Evidence should demonstrate that the landlord has taken genuine and tangible steps towards selling the property and intends to proceed with the sale following possession.
At a minimum, it is likely that the Court is likely to expect evidence of a valuation being completed, and estate agents being instructed.
Landlords should ensure they have sufficient evidence before serving notice, as the Court will consider whether the ground has been properly established.
Restrictions
However, there are important restrictions associated with reliance upon Ground 1A. Following service of a notice and recovery of possession on this basis, the landlord must not, during the restricted period:
- re-let the property within 12 months of the date on which the notice expires; or
- market the property, or instruct or authorise another person to market the property, during that period.
Landlords should ensure that any intention to sell is genuine at the time notice is served. A change of intention after possession has been obtained may attract scrutiny if challenged.
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