Quick answer: after a landlord gains possession using Section 8 Ground 1A, they must not let the property on any tenancy or licence (other than to a family member) for 12 months from the date possession was obtained — i.e. the date the previous tenant left, not the date the notice expired. Breach is a criminal offence triable on summary conviction with an unlimited fine, plus a Rent Repayment Order of up to 12 months' rent payable to the displaced tenant. Genuine sales, family occupation, and demolition are the only routes that cleanly avoid the ban.
Ground 1A was introduced because the abolition of Section 21 (the old no-fault eviction route) needed a sale-specific replacement that would not be abused to clear properties for re-letting at higher rents. The 12-month ban is the principal anti-circumvention safeguard. Landlords intending to sell should read this alongside the LetSafe Ground 1A landlord sale notice guide at /ground-1a-landlord-sale-notice and the full Section 8 grounds 2026 overview at /section-8-grounds-2026.
What the 12-month ban actually prohibits
The ban prohibits granting any tenancy or licence to occupy the dwelling during the 12-month window. The prohibited acts are broad — not just a new AST.
- Granting a new assured periodic tenancy to a different tenant
- Granting a licence of any kind that confers occupation (including short-stay platforms such as Airbnb where the occupier has exclusive use for any period)
- Granting a company-let or service occupancy that has the substance of a tenancy
- Holding the property out for rental in any way — listing, marketing, taking deposits — even if a tenancy has not yet been signed
- Re-letting to the same tenant who was displaced (this would attract scrutiny but might in narrow cases be permitted where the sale fell through and the landlord asks the tenant back — see the defences below)
- Selling the property subject to the same tenant remaining in occupation (this is the original tenant continuing, not a re-let, and is permitted but rare in practice)
- For the full Ground 1A statutory framework, eligible family-member definitions, and pre-tenancy notice requirements, see the Ground 1A landlord sale notice pillar guide
What is permitted in the 12-month window
Several routes are permitted because they fall outside the policy mischief the ban is intended to address:
- Sale on vacant possession — this is the principal lawful outcome and the basis of using Ground 1A
- Letting to a family member free of charge or at a non-market rent — the original Ground 1 framework persists alongside Ground 1A, and family occupation is excluded from the re-let ban so long as it is genuine
- Demolition or substantial redevelopment that prevents letting for a period (the property is not being 're-let' if it cannot lawfully be occupied)
- Letting on a market basis after 12 months have expired from the date possession was obtained
- Granting a holiday let in line with planning use class permission, provided the property genuinely operates as a non-residential holiday let — but this is risky and likely to be challenged
- Allowing the property to stand vacant — the ban does not require the landlord to do anything; it only prohibits the listed acts
Computing the 12-month window — worked timeline
The 12 months runs from the date possession was actually obtained, not from the notice date or the court order date. Track this carefully.
- 1 June 2026: landlord serves Form 3A notice citing Ground 1A. 4-month notice period begins. Tenant has been in the tenancy for at least 12 months (a precondition of Ground 1A)
- 1 October 2026: notice expires. Tenant has not left. Landlord issues possession proceedings
- 15 December 2026: possession order made by county court, with a 14-day execution period
- 5 January 2027: tenant leaves voluntarily; landlord re-takes possession. The 12-month re-let clock starts now
- 5 January 2028: 12 months expire. Landlord may now market and let on a new tenancy
- Any tenancy granted between 5 January 2027 and 4 January 2028 inclusive breaches the ban
- If the tenant had left voluntarily in November 2026 (before the court order), the clock would have started in November 2026 — earlier vacating means an earlier release date, but also earlier vacancy costs
- Document the date of vacant possession with photographs, key handover, meter readings, and a final inventory. The exact date is the start of the ban and the start of the limitation period for any RRO application — see the Ground 1A notice guide for the recommended documentation pack
Criminal-offence status under section 12 RRA 2025
Section 12 of the Renters' Rights Act 2025 makes it a criminal offence to let a property in breach of the 12-month re-let prohibition. The offence is triable on summary conviction in the magistrates' court.
- Maximum penalty on summary conviction: unlimited fine (section 12 RRA 2025)
- Local housing authorities are the prosecuting authority — they can prosecute or, as a civil alternative, issue a civil penalty up to £40,000 per offence
- A civil penalty does not require criminal-court evidence but does require the local authority to be satisfied beyond reasonable doubt that the offence was committed
- Conviction or civil penalty is published on the rogue-landlord database where applicable and may affect HMO licensing, selective licensing, and Fit and Proper Person status
- There is no requirement that the original tenant complains — the local authority may act on a tip-off, a tenant-referral-scheme alert, or a routine letting-platform sweep
Rent Repayment Order exposure
Separately from criminal prosecution, the displaced tenant may apply for a Rent Repayment Order (RRO) under sections 40-52 of the Housing and Planning Act 2016 (as extended by RRA 2025 s.12).
- Maximum RRO: up to 12 months' rent paid by the original tenant in the year before they were displaced
- Payable to the displaced tenant personally — not to the local authority
- Tribunal applies the standard RRO test: was an offence committed beyond reasonable doubt, did the tenant suffer, what proportion of the maximum is reasonable given the landlord's conduct and mitigation?
- RRO applications must be made to the First-tier Tribunal (Property Chamber) within 12 months of the breach. Tenants who learn of the breach late may still be able to apply
- A landlord can be liable for both a civil penalty AND an RRO for the same conduct — the penalty goes to the council; the RRO goes to the tenant
- Some tenant-rights organisations actively monitor Rightmove and Zoopla for properties that appear for rent within 12 months of a Ground 1A possession order being granted — this is now a recognised enforcement route
Statutory defences and edge cases
The 12-month ban admits limited defences. The Renters' Rights Act 2025 includes specific carve-outs for genuine changes of circumstance.
- Sale fell through and the same displaced tenant is offered the property back: the original tenant continuing on a new tenancy is treated more leniently — but this should only be done with documentary evidence of a genuine attempted sale (signed memorandum of sale, solicitor correspondence, exchange of contracts that collapsed)
- Death of the landlord: the executors are not deemed to be the same person as the deceased landlord for re-let-ban purposes, but caution is warranted — take legal advice
- Court order requiring the landlord to re-house the tenant elsewhere: compliance with a court order is not a breach of the ban
- Genuine demolition or redevelopment that makes the property unlettable: not a breach because no letting occurs in the window
- 'Reasonable excuse' defence: section 12 RRA 2025 provides a narrow reasonable-excuse defence on the criminal limb but not on the RRO limb — RROs apply strict liability once an offence is established
- Always document the basis on which any property activity within the 12-month window has been undertaken — solicitor correspondence, marketing-particulars stand-downs, photographic evidence of vacancy or works
Practical compliance for landlords
Most Ground 1A breaches are inadvertent — a sale falls through, the property has been sitting empty, and the landlord (or their letting agent) lists it for rent without checking the 12-month window. Build process safeguards.
- Record the date of vacant possession in writing with the agent and accountant — that is the start of the 12-month no-let window
- Diary a 'do not re-let before' date 12 months later, plus a 30-day reminder ahead of it
- Instruct any agent in writing that they must not list, market, or accept enquiries until the diary date
- If the sale collapses and you need rental income, take legal advice before any re-letting — re-letting to the original tenant on a new tenancy may be defensible; letting to a stranger is not
- Where you operate a portfolio, maintain a Ground 1A register tracking every Ground 1A use and the corresponding release date
- Letting agents should refuse instructions on properties within their 12-month window — taking the instruction creates joint exposure where the agent knew or ought to have known about the prior Ground 1A possession
- Ground 1A sits within a wider set of revised possession grounds — for the complete Schedule 2 update, see the Section 8 grounds 2026 overview
Frequently asked questions
When does the 12-month re-let ban start?+
The 12 months runs from the date the landlord obtained vacant possession of the property — i.e. the date the displaced tenant actually left, not the date the Form 3A notice was served, not the date the court order was made, and not the date the possession proceedings were issued. Document the vacant-possession date with photographs, a final inventory, meter readings, and the key handover. This date is the start of both the re-let prohibition window and the limitation period for any Rent Repayment Order application. Source: Renters' Rights Act 2025 s.12; Housing Act 1988 Sch.2 Ground 1A.
Is breaching the ban really a criminal offence?+
Yes. Section 12 of the Renters' Rights Act 2025 creates a criminal offence triable on summary conviction in the magistrates' court, with an unlimited maximum fine. Local housing authorities prosecute the offence and may alternatively issue a civil penalty of up to £40,000 per offence. The criminal route is used for serious or repeat offenders; the civil penalty for first-time breaches. The displaced tenant has a separate right to apply for a Rent Repayment Order of up to 12 months' rent — and may be awarded the full 12 months in the worst cases. Source: Renters' Rights Act 2025 s.12; Housing and Planning Act 2016 ss.40-52.
What if my sale falls through — can I let to the same tenant again?+
There is a narrow allowance for re-letting to the same displaced tenant where the sale has genuinely fallen through, but it is not a clean defence. The tribunal will examine evidence of the sale (signed memorandum, solicitor correspondence, exchange that collapsed), the timeline of the failure, and the landlord's good faith. Re-letting to the same tenant after a genuine sale collapse is much less risky than re-letting to a stranger, but you should still seek legal advice before granting the new tenancy. Keep all documentation. Source: Renters' Rights Act 2025 s.12 carve-outs.
Can I use the property as a short-stay let (Airbnb) during the 12-month window?+
This is high-risk. The re-let ban applies to 'tenancies or licences,' and short-stay platforms confer licences to occupy. Even where the occupier stays only a few days, they have a licence with exclusive use of the property — which is precisely what the ban prohibits. A landlord using a short-stay platform during the 12-month window is likely to be treated as having breached the ban. The narrow exception is where the property is genuinely operating as a non-residential commercial holiday let under appropriate planning use class permission — but this requires the property to have been used in that way pre-Ground-1A or to have changed use. Take legal advice. Source: Renters' Rights Act 2025 s.12.
Does the ban apply if I let to a family member?+
Letting to a family member free of charge or at a peppercorn rent is generally permitted because it falls outside the commercial-let mischief the ban targets. The Ground 1 framework (occupier moving in) overlaps with Ground 1A here — Ground 1 lets the family member move in lawfully without the 12-month ban issue. Family member is defined in the Renters' Rights Act 2025 (mirroring Ground 1A's eligible family members: landlord's spouse/civil partner/cohabitee, parent, grandparent, sibling, child, grandchild, or step-equivalent). A genuine family occupation must be documented — keep a written occupancy agreement and proof of the family relationship.
How will a tenant find out if I have re-let?+
Several routes. Tenant advice services and tenant-rights organisations monitor Rightmove, Zoopla, OpenRent, and SpareRoom for properties that appear for rent within 12 months of a possession order. Local housing authorities check the PRS Database (from September 2026) for re-letting flags. Neighbours sometimes report new tenants moving in. And displaced tenants often pass the property after leaving and spot a new tenancy. The 12-month limitation period for an RRO application runs from the date of the breach, but most breaches surface within weeks or months of the property being marketed.