Hoping to get some advice from landlords who’ve been navigating the upcoming Renters’ Rights Act changes.
I have tenants who moved into my property on 7 March 2025 under an AST via OpenRent. We signed a renewal agreement on 30 January 2026 for an 11-month fixed term starting 8 February 2026. The renewal contract explicitly references the original tenancy dated 7 March 2025.
I now need to sell the property and I’m planning to serve a Section 8 notice under Ground 1A (sale of property) from 1 May.
My question is around the 12-month protected period. Since the tenants have been in continuous occupation since March 2025, I believe the protected period has already passed. However, because the renewal was signed as a new fixed-term agreement, I’m concerned a court might treat it as a new tenancy starting February 2026, which would mean I can’t use Ground 1A until February 2027.
Has anyone been through a similar situation with a renewal on OpenRent? Specifically:
Does OpenRent treat a renewal as a continuation of the original tenancy or as a brand new agreement?
Has anyone had legal advice on whether the 12-month protected period runs from the original move-in date or the renewal date?
If you’ve already spoken to a solicitor about Ground 1A for existing tenancies, what was their view?
The tenants are well-informed and are refusing to leave voluntarily without compensation. They believe the legislation protects them until February 2027. I want to make sure I have the right position before serving notice.
Any insights or experiences would be really appreciated.
You will not be able to serve a valid ground 1A notice to expire before Jan 30 2027 as the 12 month restriction applies to the current tenancy.
However, you could serve a s21 notice before 1 May as the 4 month restriction on s21 notices applies to the original tenancy provided the replacement tenancy was same tenant and same property.
Thanks for this really helpful and exactly the clarity I was looking for.
Just to make sure I’ve understood correctly:
Section 21 because the 4-month restriction on serving a Section 21 applies to the original tenancy (March 2025), and it’s the same tenants and same property, I’ve already cleared that threshold and can serve a valid Section 21 before 30 April. Have I got that right? As per tenants they have mentioned I can’t server section 21.
If I go ahead with the Section 21 route before 30 April, should I give my tenants a heads-up beforehand, or just serve the notice without warning?
For context, the tenants are well-informed on the new legislation and have been quite firm in negotiations refusing to leave without compensation and blocking any viewings. I don’t want to tip them off and give them time to find ways to challenge the notice, but I also don’t want to damage the relationship completely since they’ll still be living in the property for at least 2 months after the notice is served.
Personally I would arrange an inspection visit and serve it without any warning, in person with a witness to prove received, explaining you have sought advice (get a lawyer to confirm @David122 view and an eviction specialist to make sure the s21 is valid and watertight) and supplying that advice
They already know you are looking to evict so it’s not a shock or surprise so shouldn’t damage relationship any more than any other notice/route to evict them. What would the purpose be of the heads up.
Alternatively if timing isn’t quite so important you could offer a mutual deed of surrender with a date say 4months from now, to give them time to find somewhere, provided they provide reasonable access for viewings, and tell them if they don’t want to take that generous offer then you’ll serve the s21 before 1 may instead, explaining as per advice that it’s valid and applies because of original tenancy (again get legal advice to check that)
Ps if you previously lived there you could use the existing ground 1 potentially, before 1 may. 2 months notice but you need to have told tenants before of potentially moving back in at some point (or mention in the AST). Then move back in eg to make it ready to sell, and then sell
Ground 1: Owner occupier
The court must order possession on ground 1 when either:
the landlord, or one of the joint landlords, lived in the property as their only or principal home at some time before the start of the tenancy, or
the landlord requires the property for themselves, or for their spouse or civil partner, as their only or principal home
The landlord cannot use this ground if they bought the property during the tenancy.
Prior notice required for ground 1
The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 1. The court has discretion to waive this requirement.
The Court of Appeal held that prior verbal, rather than written, notice was sufficient where the tenant was clear that the landlord might return to live in the property.[6]
Possession during a fixed term on ground 1
A possession order granted on ground 1 cannot take effect during a fixed term.[7]
Notice period for ground 1
The minimum notice period for ground 1 is two months.
The fixed term renewal runs until jan 2027. Unless thete is a break clause i dont see how you can issue a s21 and apply to court to enforce it by july 2026. It doesnt really matter that the 4 month exclusion is waived as you have a 11 month fixed term.
You’re right Richard. My apologies. I had tunnel vision on the issue of qualifying period. A s21 notice can’t expire during a fixed term tenancy, so this is not an option for Karan.