Plan possession when you need to sell or move in

Choose the ground that matches the real plan

Ground 1 is not a general route because the landlord would prefer the property empty. It is linked to genuine occupation by the landlord or a qualifying family member. Ground 1A is tied to genuine sale. Record who will occupy or how the sale decision was reached and keep the evidence created at that time.

Do not describe one intention to the tenant and rely on another in court. If the plan changes materially, obtain advice before progressing. Inconsistent estate-agent instructions, marketing messages or family plans can undermine credibility.

Where a mortgagee, superior lease, shared ownership or other specialist situation applies, another ground or specific rule may be relevant. The headline grounds do not replace a tenancy and title review.

Respect the protected first year and notice

Government guidance states that Grounds 1 and 1A cannot be used to require possession until 12 months after the tenancy began, although a notice can sometimes be served earlier if the required possession date falls after that point. Precise date calculation matters.

The normal notice period is four months. That is the minimum before court proceedings may begin, not a promise that a judge, order and enforcement appointment will be completed by the planned sale or moving date.

Build contingency into conveyancing, mortgage and family arrangements. An honest longer range protects the landlord from committing to vacant possession they cannot yet guarantee.

Create evidence of genuine intention

For sale, useful evidence may include a board or director decision, financial advice, valuation and instruction of an estate agent. For occupation, a written explanation, present accommodation facts, family relationship and practical moving steps may help. The exact evidence depends on the case.

The evidence should exist independently of the website or notice wording. A templated declaration without any corresponding action is weaker than ordinary documents created while implementing a real plan.

Keep communications with the tenant accurate and humane. The landlord can explain the statutory process and dates without suggesting the tenant will be physically removed when the notice expires.

Understand the period after possession

The reforms restrict reletting or remarketing after possession under sale or occupation grounds. This is designed to stop a ground being used as a pretext for replacing a tenant at a higher rent. Obtain current advice before accepting a new letting or advertising contrary to the stated reason.

If a sale falls through or family circumstances change, document the reason and seek advice about the restrictions. A genuine change does not automatically answer every legal question; the next action and timing matter.

Retain the case file after possession, including evidence, order and steps taken. It may be needed if the tenant or council later asks whether the ground was used honestly.

Your practical action checklist

Use this checklist to organise the next review. It is not a substitute for checking the current ground, form and facts of a particular tenancy.

• Confirm sale or occupation is genuinely decided
• Check tenancy start and earliest possession date
• Allow four months' notice
• Create contemporaneous evidence
• Avoid promising a guaranteed vacant date
• Diary post-possession restrictions

Questions landlords ask