Section 8 Ground 1A: Selling Your Rental Property Under the Renters' Rights Act

Selling is the single most common reason small landlords leave the sector, and since Phase 1 of the Renters' Rights Act came into force on 1 May 2026, there is now a specific possession ground for landlords who want to sell with vacant possession. That ground is Ground 1A, inserted into Schedule 2 of the Housing Act 1988 by Schedule 1 of the Renters' Rights Act 2025. It sits alongside Ground 1 (moving in yourself or housing family) and Ground 6 (redevelopment) as the third route a private landlord can use to recover a property they actually need back.

This guide walks through how Ground 1A works in practice — when you can use it, when you can't, what the court will expect to see, and what happens to your right to re-let if the sale falls through. For a broader overview of the Section 8 process, see our guide to the Section 8 possession process under the Renters' Rights Act. To see how Ground 1A sits alongside every other possession ground, our complete list of Section 8 grounds under the Renters' Rights Act sets them out side by side.

TL;DR: Ground 1A in five sentences

Ground 1A is a new mandatory possession ground that lets a private landlord recover an assured tenancy in order to sell the property. The date in a Ground 1A notice must be at least one year after the tenancy began — there is a protected period for the tenant at the start. You must give the tenant at least four months' written notice on the prescribed form (Form 3A) before applying to the court. From the day you serve a Ground 1 or 1A notice until 12 months after the date in the notice, you cannot re-let or remarket the property, with limited exceptions, or you face a financial penalty of up to £40,000. Social landlords and most assured non-shorthold (pre-1 May 2026) tenancies are excluded from using this ground.

What does Ground 1A actually say?

The statute is short and worth reading verbatim — it's the single document a judge will hold you to.

The drafting matters. Three conditions every private landlord needs to internalise are: the intention to sell (or grant a 21+ year lease), the one-year tenancy floor before the relevant date, and the exclusion of social landlords. The full text is at legislation.gov.uk.

When can a landlord first use Ground 1A?

The most important practical rule for small landlords is the 12-month protected period at the start of every new tenancy. Ground 1A cannot be used to recover possession until the tenancy has been running for at least a year, measured to the "relevant date" — which for Ground 1A means the date specified in the section 8 notice you serve on the tenant. The statute is explicit that both the day the tenancy began and the relevant date count, so the maths is inclusive.

In plain terms: if a tenancy begins on 1 June 2026, the earliest "relevant date" you can put on a Ground 1A notice is 1 June 2027. Because the notice itself must give four months, you cannot serve that notice before early February 2027. The Government's grounds-for-possession guidance for landlords confirms the position bluntly: a landlord will not be able to ask a tenant to leave on Ground 1A within the first 12 months of a new tenancy.

The Renters' Rights Act gives every tenant a guaranteed 12 months of stability at the start. Ground 1A only opens once that year has passed — and you still owe four months' notice after that.

How much notice does a landlord have to give on Ground 1A?

Four months. That is set out in the Government's grounds-for-possession landlord guidance, which states a landlord must give four months' notice before applying to the court for a possession order under Ground 1A. The notice is served on the prescribed section 8 form, must cite Ground 1A specifically, and must specify the relevant date after which possession proceedings can begin.

If the tenant does not leave by the relevant date, the landlord has to apply to the county court for a possession order — the notice itself does not end the tenancy. Practically, that means a Ground 1A timeline from "I want to sell" to "keys back" typically runs to at least 12 months from the start of the tenancy, then four months' notice, then court time on top. Our Section 8 possession court process guide for landlords walks through the court stage in detail.

The possession timeline step by step

Once you have served a valid Ground 1A notice, possession follows a fixed sequence of stages. Each stage has to be completed before the next can begin, and you cannot lawfully force a tenant out at any point without a court order and a bailiff or High Court enforcement officer.

1. Serve the section 8 notice. Use the prescribed form, cite Ground 1A, and give at least four months between the date of service and the relevant date. Keep proof of service.
2. Notice period expires (the relevant date). The earliest relevant date is 12 months after the tenancy began. If the tenant leaves voluntarily on or before this date, no court action is needed.
3. Apply to the county court for a possession order. If the tenant has not left by the relevant date, you issue a possession claim. The notice alone does not end the tenancy — only a court order does.
4. Attend the court hearing. The court lists a hearing and considers the evidence. Because Ground 1A is mandatory, the court must grant possession if the conditions are proved, so the contested issue is usually whether your intention to sell is made out.
5. Possession order takes effect. If the order is granted, it specifies a date by which the tenant must leave (commonly 14 days, and up to six weeks where the court accepts exceptional hardship).
6. Apply for a warrant of possession / bailiff. If the tenant still does not leave by the date in the order, you apply for a warrant and a county court bailiff (or, if transferred up, a High Court enforcement officer) carries out the eviction. Only this enforcement step lawfully removes the tenant.

Ground 1A timeline at a glance

Which tenancies can Ground 1A be used on?

This is the area where small private landlords most often trip up. Ground 1A is available for assured tenancies under the post-1 May 2026 regime, but it is not available for everyone or every property.

• Private landlords with standard assured tenancies. Yes — this is the core use case.
• Pre-1 May 2026 assured non-shorthold ("lifetime") tenancies. No. The Government landlord guidance confirms private landlords cannot use Ground 1A where the tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold.
• Social landlords (housing associations, registered providers). No. The statute excludes them explicitly under condition (d).
• Rent Act 1977 protected tenants and tied agricultural workers. No. Condition (b) carves these out entirely.

What evidence does the court expect for a Ground 1A possession claim?

Ground 1A is a mandatory ground, which means that if you prove the conditions, the court must grant possession — there is no discretion. But "prove the conditions" is doing a lot of work in that sentence. The single contested element is almost always condition (a): that the landlord genuinely intends to sell the freehold or leasehold interest (or grant a 21+ year lease).

The statute doesn't define "intends to sell", and there is no fixed evidence checklist. In practice, landlords using Ground 1A should be able to produce some combination of:

• An instruction letter or terms of engagement with an estate agent or auctioneer.
• A signed contract with a solicitor or licensed conveyancer for the sale work.
• Marketing materials or listing screenshots dated before or around the relevant date.
• Correspondence with a mortgage lender about redemption.
• For probate-related sales, a copy of the grant and the executors' decision to sell.

Falsely claiming an intention to sell is now a specific offence. Under the Renters' Rights Act enforcement framework, a landlord who "knowingly" uses a possession ground despite knowing a court would not order possession on it — or is reckless about that — and whose tenant leaves within four months without an order being made, faces a financial penalty of up to £40,000 as an alternative to prosecution.

What is the 12-month re-let ban after Ground 1A?

This is the provision most landlords have heard about but few have read carefully. Once you rely on Ground 1A (or Ground 1), a restricted period applies during which the landlord cannot re-let or remarket the property. It starts on the day the notice is served — not when you get possession back — and ends 12 months after the date specified in the notice (Housing Act 1988, s16M). The Government enforcement guidance makes the consequences clear: a financial penalty of up to £40,000 can be imposed for re-letting or remarketing within that window unless an exception applies. The "all reasonable steps" defence only protects someone who markets the property otherwise than as the landlord, such as an agent (Housing Act 1988, s16J).

Remarketing is defined broadly. It includes advertising the property online, instructing a letting agent, or telling someone the property is or may be available to let. Listing on Rightmove a fortnight after the tenant leaves "to test the market" while the sale stalls is exactly the conduct the restricted period is designed to catch.

When does the 12-month restricted period not apply?

The statute sets out the exceptions that disapply or shorten the restricted period (Housing Act 1988, s16F; Housing Act 1988, s16M):

• On Ground 1 only: letting to, or alongside, a family member listed in Ground 1 who lives there as their only or principal home. This exception does not apply after Ground 1A (though moving in yourself is not letting, so it is not caught).
• A licence to occupy is entered into where the licensee has agreed to buy the property or to take a lease of more than 21 years.
• The new lease being marketed or granted will be for more than 21 years.
• The court has made an order for possession of the property on a ground other than Ground 1 or 1A.

Notably, the sale falling through is not by itself an exception. If your buyer pulls out at week six, you cannot simply put the property back on the rental market. You are limited to selling to a different buyer, granting a lease of more than 21 years, or moving in yourself.

How does Ground 1A compare with Ground 1 and Ground 6?

If you are weighing up which possession route fits your situation, the three mandatory "I want my property back" grounds have distinct conditions.

For sale scenarios specifically, Ground 1A is the right route. Do not be tempted to use Ground 1 because you've heard it has fewer evidential hurdles — using a ground knowing the court would not grant possession on it is itself an offence. For a detailed comparison of all Section 8 mandatory grounds, see our complete guide to Section 8 possession grounds.

Step-by-step: how to use Ground 1A properly

1. Check the tenancy date. Confirm the current tenancy began at least 12 months before the relevant date you intend to put on the section 8 notice. Both the start date and the relevant date count in the calculation.
2. Document your intention to sell. Instruct an agent or conveyancer in writing before serving notice. Keep the engagement letter, valuation, and any marketing brief.
3. Serve a section 8 notice on the prescribed form. Cite Ground 1A specifically, give at least four months between service and the relevant date, and serve it in line with the tenancy agreement's notice clause (and keep proof of service).
4. Wait out the notice period. Do not market the property for re-letting in the meantime — that is not the same as marketing it for sale, but the line gets blurred, so be careful.
5. Apply to the county court for a possession order if the tenant has not left by the relevant date. Ground 1A is mandatory, so provided the conditions are proved, possession will follow.
6. Treat the restricted period as a hard line. From the day you serve the notice until 12 months after the date in it, no advertising to let, no letting-agent instructions, no re-letting — unless a listed exception applies.

What if a landlord changes their mind after serving Ground 1A?

Nothing in the statute compels you to complete the sale. But if you serve Ground 1A, the tenant leaves, and then you decide to re-let instead, you are squarely inside the restricted period and exposed to a £40,000 financial penalty. The same applies if the sale falls through and you want to recoup income while you find a new buyer.

The safer route, if your circumstances change, is to negotiate with the existing tenant before they leave — for example, by withdrawing the notice and agreeing the tenancy continues. The Act does not penalise a landlord who decides not to proceed; it penalises one who uses a possession ground and then quietly does the thing the ground was supposed to prevent.

Frequently Asked Questions

Can I serve a Ground 1A notice during the first 12 months of the tenancy?

You can serve it, but the date in it cannot fall inside the first 12 months. Ground 1A requires that the current tenancy began at least 1 year before the "relevant date" — the date specified in your section 8 notice. If that date falls less than a year after the tenancy began, the court will not grant possession on that ground. The earliest you can serve a Ground 1A notice is 8 months into the tenancy (to allow for the 4-month notice period before the 12-month mark). The Government grounds-for-possession guidance confirms landlords cannot ask a tenant to leave on Ground 1A within the first 12 months.

What evidence do I need to prove my intention to sell?

Ground 1A is mandatory if the conditions are met, but proving your genuine intention to sell is the contested element in most cases. Courts expect contemporaneous evidence — documents created at or before the time you serve notice. Strong evidence includes: an instruction letter from an estate agent or auctioneer; a signed contract with a solicitor or conveyancer for the sale; marketing materials or property listings dated before the relevant date; correspondence with your mortgage lender about redemption; or, for probate sales, a copy of the grant and executors' decision. The weaker your paper trail, the higher the risk the tenant challenges the notice and the court refuses possession. Keep every email, valuation, and instruction from the moment you decide to sell.

What happens if my buyer pulls out after I've recovered possession?

The 12-month re-let restriction still applies in full. A sale falling through is not one of the statutory exceptions that disapply the restricted period. If your buyer withdraws at completion or during conveyancing, you cannot put the property back on the rental market to recoup lost income. Your options are: sell to a different buyer, grant a lease of more than 21 years, or move in yourself. Letting to a family member for rent is not an exception after Ground 1A — that carve-out applies only to Ground 1 (Housing Act 1988, s16F). Re-letting or remarketing the property before the restricted period ends (12 months after the date in your notice) exposes you to a financial penalty of up to £40,000 under the Renters' Rights Act enforcement framework.

Can I sell with tenants in situ instead of using Ground 1A?

Ground 1A is for recovering possession in order to sell with vacant possession. If you want to sell the property with the tenancy continuing — for example, to another buy-to-let investor who will take on the existing tenant — you do not need to use Ground 1A at all. The tenancy transfers to the new owner under the same terms, and they become the landlord. Ground 1A is only necessary when the buyer requires vacant possession or when you need the property empty to achieve a better sale price.

Does Ground 1A apply to my tenancy that started before 1 May 2026?

It depends on the type of tenancy. For assured shorthold tenancies that began before 1 May 2026 and converted into periodic assured tenancies under the Renters' Rights Act regime, Ground 1A is available once the 12-month protected period has passed (measured from the date the original fixed term began, not the conversion date). However, for assured tenancies created before 1 May 2026 that were never shortholds — so-called "lifetime" assured tenancies — the Government landlord guidance confirms private landlords cannot use Ground 1A at all. You would need to rely on one of the other mandatory or discretionary grounds, or negotiate a surrender.

Can I serve Ground 1A and Ground 1 in the same notice just to be safe?

Technically, a section 8 notice can cite multiple grounds. However, each ground stated must be one the landlord reasonably believes the court would grant possession on. Stacking Ground 1A (selling) and Ground 1 (moving in) when only one reflects your genuine intention risks falling within the offence of using a possession ground without reasonably believing possession would be granted on it. Under the Renters' Rights Act enforcement framework, knowingly or recklessly using a ground that does not apply can lead to a financial penalty of up to £40,000. Pick the ground that matches your actual plan and document it properly — that is safer than hedging.

A final word

Ground 1A is the cleanest tool a private landlord has for exiting the rental market under the new regime — but it is also the one with the longest paper-trail requirement and the sharpest tail in the form of the 12-month restricted period. Plan the timeline backwards from the relevant date, document your sale intention contemporaneously, and treat everything from service until 12 months after the date in your notice as genuinely off-limits for letting. If the facts of your situation are complicated — a partial sale, a family transfer, a probate disposal — get advice from a solicitor before serving notice. The cost of a one-hour consultation is dwarfed by the cost of a £40,000 financial penalty.

For landlords navigating the broader Section 8 framework, our guide to the Section 8 possession process under the Renters' Rights Act covers the procedural requirements, prescribed forms, and common service mistakes to avoid.