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How to sell a property with a difficult tenancy
Section 21 no-fault evictions were abolished on 1 May 2026. Landlords must now rely on specific Section 8 grounds. Each ground has its own evidence requirements, notice period, and whether it’s mandatory or discretionary. A direct cash sale avoids the possession process entirely, since it doesn’t require vacant possession first.
Selling a property with a problem tenant means understanding the current possession process. Section 21 no-fault evictions ended under the Renters’ Rights Act 2025. A direct cash sale can often avoid needing possession at all.
Our direct cash buying path avoids the possession process entirely. It outlines how to sell with a difficult tenancy still in place.
The rest of this guide sets out the practical detail. It looks at current Section 8 grounds and typical possession timelines.
What changed when Section 21 was abolished
The Renters’ Rights Act 2025 abolished Section 21 no-fault evictions from 1 May 2026. All assured shorthold tenancies converted to open-ended periodic tenancies. Landlords must now rely on Section 8 grounds to gain possession. Notices are now served using the updated Form 3A rather than the previous Section 21 forms.
Which Section 8 grounds landlords can now rely on
Section 8 grounds cover a range of specific circumstances a landlord can rely on. Ground 8 covers serious rent arrears, requiring a set threshold to be met. Other grounds cover matters such as property damage or breach of tenancy terms. The threshold for Ground 8 rent arrears increased from two months to three months under the new rules.
Typical problems when pursuing possession before a sale
Possession claims can take considerably longer than many landlords expect once a case reaches court.
Traditional Possession Route compared with Direct Cash Sale
| Comparison (Source: Gov.uk Section 8 possession guidance) | Traditional Possession Route |
 Direct Cash Sale |
|---|---|---|
| Time to resolve | No: Often several months, longer if contested | Yes: Can often complete within a few weeks |
| Certainty of outcome | No: Discretionary grounds are not guaranteed | Yes: Certain, regardless of tenancy status |
Gov.uk’s guidance on Section 8 possession confirms that contested claims can take considerably longer to resolve. A direct cash sale removes the need to pursue possession at all.
Understanding mandatory versus discretionary grounds
Understanding the difference between mandatory and discretionary grounds is important.
- Mandatory grounds requiring the court to grant possession: If the ground is proven, such as sufficient rent arrears, the court must grant it.
- Discretionary grounds leaving the outcome to the court’s judgement: The court considers what is reasonable in the circumstances before deciding.
- Evidence requirements varying by ground: Each ground has specific evidence landlords must provide to support their claim.
- Some grounds now carry longer notice periods: Notice periods were extended for several grounds under the Renters’ Rights Act 2025.
- A single notice can sometimes cite multiple grounds: Landlords can rely on more than one ground where circumstances support it.
How long a Section 8 possession claim typically takes
A Section 8 possession claim can take several months from notice to a court hearing. Contested cases, where a tenant disputes the ground, often take considerably longer. Enforcement, if a tenant still doesn’t leave, can add further time.
Understanding Ground 1A if your reason for eviction is to sell
Where the reason for wanting possession is specifically to sell, a distinct ground applies.
- Ground 1A is mandatory for landlords selling: The court must grant possession where genuine intent to sell is shown.
- Four months’ notice is required, longer than most other grounds: This reflects the greater disruption vacant possession causes a tenant.
- The ground cannot be used in a tenancy’s first 12 months: This protects tenants asked to leave too soon.
- Re-letting is restricted if the sale doesn’t go ahead: A landlord cannot simply re-let after using this ground.
What to check before serving a Section 8 notice
A few checks before serving notice can avoid a claim being rejected or delayed.
- Confirm exactly which ground genuinely applies to your situation: An incorrectly chosen ground can see a claim thrown out.
- Gather clear evidence to support the ground relied upon: Rent statements, correspondence or photographs are commonly needed.
- Use the correct current notice form: Notices must be served on the updated Form 3A introduced by the Renters’ Rights Act 2025.
- Consider getting legal advice for contested or complex cases: This can help avoid costly delays if the ground is disputed.
How a direct cash purchase avoids the possession process
Many landlords find that pursuing possession before selling adds significant delay and cost. Selling directly to National Property Buyers removes the need for possession entirely. We purchase the property with the tenancy, and any issues, still in place. This removes the need to identify or evidence a ground at all.
Problem tenants and evictions FAQs
- What is a Section 8 notice?
This is the formal legal notice landlords must serve to begin possession proceedings, citing one or more specific legal grounds. Since Section 21 was abolished, this is now the only route to possession.
Each ground has its own evidence requirements and notice period, so the notice must correctly identify the grounds that apply.
- What counts as serious rent arrears under Section 8?
Under Ground 8, the tenant must owe at least three months’ rent, both at notice and at the hearing. This threshold increased from two months under recent reforms.
If arrears drop below three months by the hearing, even slightly, this ground fails. Landlords often cite a discretionary arrears ground alongside it as backup.
- Can I gain possession if my tenant has damaged the property?
Potentially, through discretionary grounds covering deterioration of the property or its contents. The court must be satisfied both that damage occurred and that possession is a reasonable response.
Serious antisocial behaviour has its own separate, stronger mandatory ground, distinct from general property damage.
- How long does a Section 8 possession claim typically take?
The full process, from serving notice to regaining possession, commonly takes 4 to 8 months, sometimes longer if contested. Court delays and evidence disputes are the most common causes of delay.
This is a genuinely long timeline to plan around, particularly if the situation is already difficult.
- What's the difference between a mandatory and discretionary ground?
If a mandatory ground is proven, the court must grant possession, with no discretion to refuse. Discretionary grounds require the court to also be satisfied that possession is reasonable, considering the tenant’s circumstances.
Mandatory grounds are generally faster and more certain, which is why landlords often include one where genuinely available.
- Do I need a solicitor to pursue a Section 8 claim?
Not strictly, but the technical requirements around notices, evidence, and grounds make errors genuinely costly. A single mistake can mean starting the entire process again.
Given the stakes involved, professional support is worth strongly considering, even if not legally required.
- Can I sell my property while a possession claim is ongoing?
Yes, in principle, though an active claim transferring can be genuinely complex, worth confirming with your solicitor. The tenancy itself continues under the new owner regardless.
A difficult tenancy or an ongoing legal situation does not put us off. We can still make you a genuine offer.
- What happens if a tenant refuses to leave after a possession order?
You cannot remove them yourself. This is a criminal offence under the Protection from Eviction Act 1977, regardless of how strong your case is.
Enforcement requires a warrant of possession and a court bailiff, adding further time and cost to an already lengthy process.
- What ground applies for antisocial behaviour, and is it always the same?
No, there are two distinct grounds depending on severity. Serious cases, such as a conviction for an offence at the property, use a mandatory ground the court cannot refuse.
Lower-level nuisance or annoyance instead falls under a discretionary ground, where the court weighs reasonableness before deciding.
- Is it always worth pursuing possession, or should I consider selling instead?
This genuinely depends on your situation, but a lengthy, costly possession process is worth weighing honestly against your alternatives. Months of lost rent and legal costs add up quickly.
We regularly buy properties with a difficult tenant already in place, without needing you to gain possession first.
If tenant issues are complicating your sale, contact us today for a straightforward cash offer.
He and his team specialise in the sales that often stall on the open market. This includes inherited estates, sitting tenants, home repossessions, and broken chains.
Rather than general market theory, their insights come from 700+ real-world transactions. The team draws on deep, current knowledge of the legal landscape to clear away hurdles that delay property sales. Their goal is to provide transparency and certainty, helping homeowners secure a fast, fair way to move on.
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