Before the Renters' Rights Act 2025, a landlord who wanted to sell a tenanted property used Section 21 and skipped the question of why. Section 21 is gone. Ground 1A is what replaces it for the specific case of sale — a new mandatory ground added to Schedule 2 of the Housing Act 1988 as part of the RRA 2025 reforms.
Mandatory means the court must grant possession if the ground is made out. But the ground has teeth attached: you cannot serve it in the first 12 months of the tenancy, you must give four months' notice, and you cannot re-let the property for 12 months after the tenant leaves. Get any of those wrong and you face a civil penalty plus a ruined sale timetable.
What Ground 1A actually says
Ground 1A is mandatory — the court must grant possession if the landlord establishes, on the balance of probabilities, that they intend to sell the property or grant a lease of at least 21 years. The intention must be genuine and evidenced.
- Mandatory ground. Once the ground is made out, the judge has no discretion — possession must be granted.
- Sale intention. The landlord must intend to sell the freehold or grant a long lease (21 years plus) to someone who is not an associated person.
- Four months' notice. The earliest possession date is four months from the date of service.
- 12-month protected period. Ground 1A cannot be served during the first 12 months of the tenancy.
- 12-month re-let ban. If you use Ground 1A, you cannot re-let or re-market the property for 12 months after the tenant leaves. Breach is a civil penalty.
- No misuse. Using Ground 1A to price out a tenant and then re-let is a specific offence under the Act, enforced by trading standards or the local authority.
Evidence you need before serving
Because the court will test the genuineness of the sale intention, build your evidence before you serve the notice — not after the tenant challenges.
- An estate agent listing instruction (signed agency agreement), or a direct-to-buyer expression of interest in writing
- A marketing valuation from a regulated agent or RICS surveyor
- Correspondence with a conveyancer / solicitor confirming the sale process has started
- If selling to an associated person (family), additional evidence that this is a genuine arm's length disposal
- A contemporaneous note of the decision to sell, dated before the notice was drafted
How the 12-month re-let ban works in practice
If the tenant leaves on the strength of a Ground 1A notice — whether by surrender, by a possession order, or voluntarily on the date — the property is on a 12-month cooling-off period. You cannot re-let, list for let, or enter into a new tenancy during that window.
You can: list for sale, show to buyers, occupy yourself, leave it empty, or grant a licence to a family member. You cannot: put it on Rightmove as a let, sign a new AST, or accept rent from a new occupant. Local authorities have enforcement powers including civil penalties up to the statutory maximum and, in serious cases, prosecution.
The most common landlord trap: the sale falls through, six months pass, the landlord quietly re-advertises. This is exactly the scenario the statute is designed to catch — because the original Section 8 claim would have been denied if the court had known the sale would not complete.
Ground 1A vs Ground 1 vs surrender by agreement
Ground 1A is new. Ground 1 (landlord or landlord's family moving in) already existed and remains available. Surrender by agreement is always available. Pick the right route.
- Ground 1A — sell. You intend to sell and the tenant will not leave voluntarily. Mandatory, four months.
- Ground 1 — move in. You or a close family member will occupy the property as their only or principal home. Mandatory, four months. Same 12-month protected period, same re-let restriction.
- Surrender by agreement. The tenant is willing to leave for a cash incentive or to end their tenancy early. Quickest route — no notice period, no court — but document the surrender in writing and return the deposit properly.
- Section 13 rent review. If the real objective is higher rent rather than possession, do not use Ground 1A. A deliberately unaffordable Ground 1A set-up that allows you to re-let at a higher figure is a civil offence.
What to do if the tenant challenges at hearing
The tenant's most effective defence is to argue that the sale intention is not genuine. Be ready with the evidence bundle — agent instruction, valuation, conveyancer correspondence, dated decision memo. A written statement of truth from the landlord, set out in the N119 particulars of claim, carries real weight if the supporting documents back it up.
If the tenant raises a defence based on deposit protection, Right-to-Rent, gas safety, or written statement of terms, treat those as separate issues to fix before the hearing. A well-founded Ground 1A claim can still be struck out if compliance paperwork is missing.
The LetSafe Possession Recovery Bundle (LS-E-140) is the bundle to buy if you expect the tenant to contest. It includes the Section 8 Notice Pack, the evidence bundle framework, the N5 and N119 walkthrough, and the witness-statement template for Ground 1A specifically.
Frequently asked questions
How much notice does a Ground 1A Section 8 notice require?+
Four months from the date of service. This is longer than the arrears grounds (two weeks) because the statute deliberately gives the tenant time to find a new home.
Can I serve Ground 1A in the first year of a tenancy?+
No. Ground 1A cannot be served during the first 12 months of the tenancy. Even if you had always planned to sell, the tenant is entitled to a protected period of at least one year before the sale ground becomes available.
What happens if my sale falls through after the tenant leaves?+
The 12-month re-let restriction still applies from the date the tenant leaves. You cannot re-let or re-market the property for 12 months regardless of whether the sale completes. You can leave it empty, occupy it yourself, or continue marketing for sale. Re-letting within the 12 months is a civil offence carrying a financial penalty.
Do I need proof of my sale intention before I serve Ground 1A?+
Practically, yes. The court will test whether your intention is genuine. Build an evidence pack before you serve — an estate agent instruction, a marketing valuation, conveyancer correspondence, and a dated decision memo. Without evidence, the ground can be challenged and possession refused.
Can I use Ground 1A and Ground 1 at the same time?+
You can cite both grounds on a single Section 8 notice if either could apply — for example, if you might sell or might have a family member move in. Most landlords pick the ground that matches their genuine plan and stick to it. Pleading both can invite scrutiny of whether either is truly intended.
Does Ground 1A apply in Wales, Scotland or Northern Ireland?+
No. Ground 1A is an English ground introduced by the Renters' Rights Act 2025. Wales has landlord-break provisions under section 173 of the Renting Homes (Wales) Act 2016. Scotland uses Ground 1 of Schedule 3 of the 2016 Act. Northern Ireland operates under the Private Tenancies Act (NI) 2022.