The Renters’ Rights Act is set to introduce one of the most significant reforms to the private rented sector in England in decades. Designed to improve tenant security and modernise housing legislation, the Act introduces several changes that landlords must understand when managing their properties.
One of the most notable developments is the introduction of a 12-month protected period at the start of a tenancy. This provision directly affects landlords who may wish to sell their property or move back into it while a tenant is living there.
For property owners, understanding how this protected period works is essential for effective planning, particularly if you anticipate selling the property or reclaiming it for personal use in the future.
Related: A landlord’s guide to renting with pets under the Renters’ Rights Act 2025
Understanding the Protected Period for New Tenancies
Under the Renters’ Rights Act, most tenancies will become periodic by default, meaning they do not have a fixed end date. Instead of fixed-term contracts ending automatically, tenants will have the right to remain in the property until they choose to leave or until a landlord establishes valid grounds for possession.
To strengthen tenant stability, the legislation introduces a protected period during the first 12 months of a tenancy. During this period, landlords cannot seek possession of the property on certain “no-fault” grounds, even if they have legitimate reasons, such as planning to sell or wishing to move back into the home themselves.
The intention is to ensure that tenants are able to settle into a property with confidence, without concern that the tenancy could end shortly after it begins.
Related: How to choose a property management company
Possession Grounds That Are Restricted in the First Year
During the first year of a tenancy, landlords will not be able to use certain possession grounds under Section 8 that relate to their own circumstances rather than tenant behaviour.
These include:
- Ground 1 – where the landlord (or a close family member) intends to move into the property
- Ground 1A – where the landlord intends to sell the property
Although these grounds remain part of the legal framework, they cannot be used within the first 12 months of a tenancy. After this protected period ends, landlords may serve notice if the relevant criteria are met.
This restriction means landlords must think carefully about their plans before granting a tenancy.
Selling a Property That Is Already Let
It remains entirely possible to sell a property that currently has tenants in place. However, the protected period affects landlords who wish to sell with vacant possession.
If a landlord intends to sell and needs the property to be empty, they will typically rely on the possession ground related to the sale after the protected period has passed. Once the first year of the tenancy has ended, notice can be served in accordance with the updated legal requirements.
However, landlords should also be aware that the notice period associated with this ground is likely to be several months, and court proceedings may still be necessary if the tenant does not leave voluntarily. As a result, the process of regaining possession may take longer than some landlords anticipate.
This makes planning particularly important when preparing to sell a rental property.
When a Landlord Plans to Move Back In
Another common scenario involves landlords who intend to move back into the property themselves or allow a family member to occupy it in the future.
Under the new rules, this will still be permitted, but the protected period must first be respected. A landlord cannot regain possession for personal occupation within the first year of the tenancy.
After the protected period ends, notice may be served under the appropriate possession ground, provided the landlord can demonstrate a genuine intention to occupy the property.
This requirement is designed to prevent misuse of possession grounds and ensure that tenants are not displaced without legitimate justification.
Possession During the Protected Period
The protected period applies only to certain “no-fault” grounds. It does not prevent landlords from taking action if a tenant breaches the terms of the tenancy agreement.
For example, landlords may still pursue possession if the tenant is responsible for serious issues such as:
- Significant rent arrears
- Anti-social behaviour
- Damage to the property or other breaches of the tenancy agreement
In these cases, possession is sought because of the tenant’s conduct rather than the landlord’s plans, so the protected period does not apply in the same way.
Related: The landlord’s rent review calendar: Building a 12-month rent strategy that stays fully compliant
Planning for the Next Stage of Your Letting Journey
The introduction of the protected period highlights the importance of long-term planning when letting property.
Landlords who anticipate selling their property or returning to live in it should carefully consider whether letting it immediately aligns with those plans. Entering into a tenancy effectively commits the landlord to allowing the tenant to remain for at least the first year, assuming the tenancy terms are followed.
For many landlords, this will simply mean adjusting expectations and timelines. However, it also reinforces the importance of treating rental property as a long-term housing solution rather than a short-term arrangement.
How Professional Letting Agents Can Help
With the private rented sector undergoing significant legislative change, expert guidance can be invaluable for landlords seeking to remain compliant and avoid unnecessary delays.
A professional letting agent can assist with:
- Ensuring tenancy agreements comply with the latest legislation
- Advising on possession grounds and notice requirements
- Planning property sales while a tenancy is in place
- Managing tenant relationships and communication
Working with experienced professionals can help landlords navigate the evolving legal landscape with greater confidence.
The Future of the Rental Market
The Renters’ Rights Act marks a shift towards greater tenant security and longer-term stability within the private rented sector. The introduction of the 12-month protected period is a key part of that transition.
While the change limits some short-term flexibility for landlords, it does not prevent them from selling a property or moving back into it. Instead, it simply requires careful planning and a clearer timeline when making those decisions.
For landlords who understand the new rules and prepare accordingly, the transition should be manageable and may ultimately contribute to a more stable and professional rental market. For further advice on navigating these changes, get in touch with your local Martin & Co experts.
