Do I have to leave if my landlord is selling or moving back in?
7-minute read · England · Last checked October 2026
If you're in danger or being forced out right now: call 999 if you feel unsafe. If your landlord has changed the locks, removed your things or is pushing you out without a court order, contact your council's housing team today. Forcing someone out without going to court is called illegal eviction, and it can be a crime.
What you'll get from this
Being told your landlord wants the home back to sell it or live in it can knock you sideways, especially when you're settled. We understand it can feel as if the decision has already been made. By the end, you'll know how much notice you should get, what stops the reason being misused, and what you can do in the meantime.
Where do you fit?
This covers you if you rent from a private landlord or a letting agent in England. Since 1 May 2026, most private tenancies have no end date, even if they started as a 6 or 12-month contract. The legal name for this is a "periodic tenancy" (one that rolls on from one rent period to the next, with no fixed end date), and this article is written on that basis.
It doesn't cover council or housing association tenants, or lodgers who share a home with their landlord, because different rules apply to them. If you're not sure which you are, Shelter can help you check.
Key numbers for selling and moving-in notices
4 months: the least notice you should get.
12 months: the notice can't end before your first 12 months are up.
About 16 months: how long the home usually can't be re-let or advertised for rent afterwards.
Can my landlord end my tenancy because they're selling or moving in?
Here's the short answer: they can use either reason, but only by following the proper steps.
Selling and moving in are both "grounds for possession" (the reasons a landlord is allowed to use to get a home back). The two you'll see here are:
Ground 1, "occupation by landlord or family": the landlord, or a close family member, wants to live in the home.
Ground 1A, "sale of dwelling house": the landlord wants to sell.
Ground 2 (when the landlord's mortgage lender wants to sell) and Ground 6 (redevelopment) also come with 4 months' notice, but this article focuses on selling and moving in.
Who counts as "family" for moving in?
There's a set list. Ground 1 covers the landlord themselves, plus:
their husband, wife, civil partner, or a partner they live with as a couple
their parents, grandparents, brothers and sisters, children and grandchildren
their partner's children and grandchildren
So a landlord's grown-up son moving home would usually fit. A friend or a cousin isn't on the list.
How much notice should I get?
As a general rule, at least 4 months. The notice is usually called a Section 8 notice (the form is headed "notice seeking possession"). Private landlords should use Form 3A, or a form with all the same information. It has to name each ground they're relying on and explain why they're using it.
There's an extra protection in your first year. Your landlord can give you a selling or moving-in notice during your first 12 months, but it can't end before your first 12 months are up. So if you moved in two months ago, 4 months' notice wouldn't be enough on its own: the earliest it could end is once you've been there a year.
Myth: "My landlord can sell up and evict me any time." Reality: not before your first 12 months are up, and they have to give you at least 4 months' notice. Even then, only a court order can make you leave.
Does the notice mean I have to be out by that date?
A notice on its own doesn't end your tenancy. If you're still there when it ends, your landlord has to apply to court for a possession order (the court's decision that you have to give the home back). Only that order, carried out by court bailiffs, can make you leave. Bailiffs normally have to give you at least 14 days' written warning first, called a notice of eviction.
Moving in and selling are "mandatory grounds", which means that if the landlord proves the ground, the judge usually has to make a possession order. Mandatory doesn't mean automatic, though. Your landlord still has to prove the reason and have given you a valid notice.
It's also worth checking your deposit. If your landlord didn't put it in a government-approved deposit protection scheme (a service that keeps your deposit safe until you leave), the court usually can't make a possession order on these grounds.
Let's say you've rented a terraced house for three years with your two kids, and you've finally worked out how to keep the boiler happy. Your landlord rings to say their son is coming back from working abroad and wants to live there. A week later, a Form 3A arrives naming Ground 1, with an end date 4 months away. That's the start of a process, with time to check the notice and get free advice. What happens next would depend on the facts, and possibly on a court.
What stops a landlord using this as an excuse?
The law has a few checks built in.
After giving a selling or moving-in notice, the landlord usually can't rent the home out again, or advertise it for rent, from the day the notice is served until 12 months after the notice ends. That's about 16 months in total. A landlord who re-lets or advertises too soon can be prosecuted, or fined up to £40,000 by the council.
A landlord also isn't allowed to use a ground they don't reasonably believe applies. If they do, and you move out within 4 months without a court order, the council can fine them up to £7,000. Knowingly using a false reason to push someone out can be a crime.
If you believe your landlord has used selling or moving in as a cover story, keep the notice, any messages, and screenshots if the home is later advertised for rent. Your council's housing team is the place to report it.
Should I just move out before the date?
None of us like living with uncertainty, and it's understandable to want to get it over with. Pause here and get advice before you leave, though. Moving out before a court orders you to could put help from your council at risk. The council might decide you're "intentionally homeless" (that you left a home you could reasonably have stayed in), which can limit the help they have to give.
If your notice ends within 56 days, the council must treat you as "threatened with homelessness" and take reasonable steps to help you keep your home. It shouldn't make you wait for the bailiffs before helping.
The Housing Loss Prevention Advice Service also gives free legal advice from the moment you get a written notice, whatever your income, including help at court. Here's what we'd want a friend to know: you don't have to work this out on your own.
What you can do now
Check the notice is on Form 3A (or has the same information), explains the ground, gives at least 4 months, and doesn't end before your first 12 months are up.
Write down the date you got it and the date it ends.
Ask which deposit protection scheme your deposit is in, if you're not sure.
Contact your council's housing team if your notice ends within 56 days.
Get free advice from Shelter, Citizens Advice or the Housing Loss Prevention Advice Service before you decide anything.
What you could say: "Thanks for letting me know. Could you confirm in writing which ground you're using, who's planning to move in (or that you're selling), and the date the notice ends?" It's reasonable to ask for this in writing.
FAQs
My landlord says their daughter is moving in. Does that count?
Usually, yes, as children are on the Ground 1 list. Your landlord still needs to give at least 4 months' notice, and to get a court order if you don't leave.
I only moved in six months ago. Can they sell?
They can give you a selling notice now, but it has to give at least 4 months, and it can't end before your first 12 months are up.
Do I have to leave on the date in the notice?
Not on its own. Your landlord would need a possession order, carried out by bailiffs. Moving out early could affect council help, so get advice first.
What if the home is advertised for rent a few months after I leave?
That may break the re-letting ban described above. Take screenshots and tell your council.
Where to get help
Shelter England: england.shelter.org.uk
Citizens Advice: citizensadvice.org.uk
Your council's housing team: gov.uk/find-local-council
Housing Loss Prevention Advice Service: free legal advice from the moment you get a notice
Civil Legal Advice: gov.uk/civil-legal-advice
This is general information, not legal advice. If you've been given a notice or a deadline's coming up, get advice about your situation.
Read next: Can my landlord evict me without a reason? · What happens after I'm given a Section 8 notice? · What can I do if my landlord tries to force me out without a court order?
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