Ground 1A: selling a rented property in England

The short answer

Ground 1A lets a landlord in England seek possession because they intend to sell the property. It is a mandatory ground, so if you prove it, the court must make a possession order. You serve a Section 8 notice on Form 3A giving at least four months’ notice. The date in the notice cannot fall within the first 12 months of the tenancy. Once you serve the notice, you cannot re-let or market the property for letting until 12 months after the date in your notice.

This guide covers the conditions, the timing and the restriction, with worked dates. It is general information for landlords in England, not legal advice.

Why Ground 1A matters since 1 May 2026

The main changes in the Renters’ Rights Act 2025 came into force in England on 1 May 2026. Section 21 “no-fault” notices were abolished for private tenancies. If you want to sell with vacant possession and your tenant will not leave voluntarily, Ground 1A is now the usual route. See Section 21 abolished for the other changes.

You do not have to use Ground 1A to sell. You can sell a property with the tenant still in it, to a buyer who wants to keep the tenancy going.

The conditions for Ground 1A

The legal wording of Ground 1A is in Schedule 2 to the Housing Act 1988. In summary, all of these must be met:

Gov.uk guidance also says you cannot use Ground 1A if your tenant has an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy. Most private tenancies that began before that date were assured shorthold tenancies, but check yours.

When you complete Form 3A, you must quote the full legal wording of Ground 1A in question 4.2, and explain in question 4.3 why it applies. See how to fill in Form 3A.

Evidence of your intention to sell

Ground 1A depends on what you intend. Keep dated evidence that you mean to sell, such as correspondence with an estate agent or conveyancer about the sale. Explain your plans clearly and factually in question 4.3. If the claim is disputed, take advice on what evidence the court is likely to expect.

Four months’ notice and the first 12 months

Ground 1A carries a four-month minimum notice period. The four months run from when the tenant receives the notice. The earliest date you can apply to court goes in question 2.1 of Form 3A.

There is a second rule. Gov.uk guidance says you can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 months have ended. In practice, the date in question 2.1 must fall after the first 12 months.

If you also rely on other grounds, wait for the longest notice period, unless you rely on Ground 7A or 14. See Section 8 notice periods for every ground.

The 12-month restriction on re-letting and marketing

To stop misuse, the Act restricts what you can do after relying on Ground 1A (or Ground 1).

When the restricted period starts and ends

The restricted period starts on the day you serve the notice, not the day the tenant leaves. It ends 12 months after the date you gave in the notice as the earliest date for court proceedings (question 2.1). With four months’ notice, that is usually around 16 months in total.

What you cannot do

During the restricted period, you must not:

• let the property on a tenancy of 21 years or less
• let someone occupy it under a licence in return for money
• market it for letting, for example by posting an advert online or telling someone it is or may be available to let

Exceptions

Gov.uk guidance says the restriction does not apply, or ends early, in some cases. These include:

• you or a close family member move in and use the property as an only or main home
• a licence to occupy is granted to someone who has agreed to buy the property, or to take a lease of more than 21 years
• the lease being marketed or granted is for more than 21 years

There is also an exception for shared owners using Ground 1A who can show they made a genuine attempt to sell.

Penalties

Breaching the restriction is an offence. Gov.uk guidance says you could be given a financial penalty of up to £40,000 as an alternative to prosecution, unless you took all reasonable steps not to breach it or an exception applies.

If the sale falls through

If you change your mind or the sale falls through, the restriction still runs. You cannot simply put the property back on the rental market. Take advice before you do anything with the property during the restricted period.

Worked example 1: a long-standing tenancy

Your tenancy began on 1 March 2024 as an assured shorthold tenancy and became an assured periodic tenancy on 1 May 2026. You want to sell, so you rely on Ground 1A only. You hand the notice to the tenant on Monday 2 November 2026.

The tenant does not have to leave on 2 March 2027. If they stay, you apply to court for a possession order.

Worked example 2: a new tenancy

A tenancy began on Monday 1 June 2026. In November 2026 you decide to sell.

If you handed over a notice on 2 November 2026, four months would take you to 2 March 2027. That is within the first 12 months, so that date cannot go in question 2.1.

You have two options:

1. Serve now, with a later date. Serve the notice in November, but put a date in question 2.1 that falls after the first 12 months. Note that this starts the restricted period earlier.
2. Wait and serve later. For example, hand the notice over on Monday 8 February 2027. Four months later gives an earliest court date of Tuesday 8 June 2027, safely after the first 12 months. The restricted period would then end on Wednesday 7 June 2028.

The legal wording has a specific rule for counting the year. To keep a margin, avoid choosing a date right on the first anniversary.

Common mistakes

• Putting a date in the first 12 months. The date in question 2.1 must fall after the first year of the tenancy.
• Counting four months from posting. The period runs from when the tenant receives the notice.
• Summarising the ground. Quote the full legal wording in question 4.2.
• Re-advertising to let after a failed sale. The restriction runs from service, whatever happens to the sale.
• Using Ground 1A when you plan to move in. If you or a family member will live there, Ground 1 is the relevant ground. See Ground 1: moving back in.
• Changing the locks. Only a court can order possession.

Frequently asked questions

Can I use Ground 1A in the first year of a tenancy?

You can serve the notice during the first 12 months, but the date in question 2.1 cannot fall within them. Remember the restricted period starts when you serve.

Do I need a buyer before I serve notice?

The ground requires an intention to sell, not a signed contract. Keep dated evidence of your plans, and take advice if the claim is likely to be disputed.

Can I sell with the tenant still living there?

Yes. Ground 1A is only needed if you want vacant possession. A buyer can take the property with the tenancy in place.

What if my tenant gives notice themselves?

Then you do not need Ground 1A, and the re-letting restriction does not apply. Tenants can end the tenancy with two months’ notice. See how much notice a tenant must give.

Does Ground 1A apply in Wales or Scotland?

No. This guide covers England. See our Wales and Scotland pages.

Next steps

• Create your notice on the Section 8 notice (Form 3A) page. It includes the legal wording and calculates question 2.1.
• Check notice periods in Section 8 notice periods for every ground.
• Plan delivery and proof with how to serve a notice.

Possession claims are high-stakes. If the claim may be disputed, speak to a solicitor before you serve; tenants can get advice from Shelter.