When Section 21 was abolished from 1 May 2026, landlords lost the ability to recover possession at the end of a fixed term simply by giving notice. For landlords who want to sell their property, this created a significant gap — they could no longer use Section 21 to obtain vacant possession before marketing. Ground 1A is the RRA 2025's replacement mechanism for landlords who genuinely intend to sell.
What is Ground 1A?
Ground 1A is a new mandatory possession ground inserted into Schedule 2 of the Housing Act 1988 by the Renters' Rights Act 2025. It allows a landlord to seek possession where the landlord intends to sell the property. It is mandatory — the court must grant possession if the ground is proved and the notice is valid.
- New ground from 1 May 2026: Ground 1A did not exist under the old regime. It is specific to the post-abolition PAT landscape
- Mandatory: The court has no discretion to refuse possession once Ground 1A is proved
- Comes with a 12-month re-let ban: If possession is recovered using Ground 1A, the landlord cannot re-let the property as a private residential tenancy for 12 months. This prevents 'phantom sale' evictions where the landlord obtains possession under Ground 1A with no genuine intent to sell
- 4-month notice period: Longer than most Section 8 grounds to give the tenant time to find alternative accommodation
- Cannot be served in first 12 months: Ground 1A cannot be included in a Section 8 notice until the tenancy has been running for at least 12 months
How to use Ground 1A
- Step 1 — Check eligibility: The tenancy must be at least 12 months old. You must genuinely intend to sell the property — listing it for sale, instructing an agent, or having evidence of sale negotiations will all support this
- Step 2 — Serve Form 3A citing Ground 1A: Complete the RRA 2025 Form 3A, citing Ground 1A in the grounds section. State the date on which the notice is served and the date (at least 4 months later) on which you require possession
- Step 3 — Serve the notice correctly: Use recorded delivery, personal service, or email (if contractually permitted) and retain proof of service. An incorrectly served notice is invalid
- Step 4 — Wait for possession or issue proceedings: If the tenant does not vacate by the possession date, issue possession proceedings in the county court. Attach the Form 3A, proof of service, and evidence of your intent to sell
- Step 5 — Do not re-let within 12 months: Once possession is obtained, do not re-let the property as a private residential tenancy for 12 months from the date of the court order
Evidence of genuine intent to sell
Ground 1A requires the landlord to intend to sell the property. The court will assess whether this intent is genuine. Evidence that supports a Ground 1A claim includes:
- Estate agent instruction: A signed estate agent instruction or letter confirming the property is being marketed for sale
- Rightmove or Zoopla listing: A screenshot of the property listed for sale, with date
- Solicitor correspondence: Instructions to a solicitor to act on the sale, or correspondence with a potential buyer
- Survey or mortgage valuation: A buyer's survey or mortgage valuation report relating to the property
- Financial evidence: Evidence that you need the sale proceeds (e.g. settlement of mortgage arrears, probate sale) can support genuine intent
- No re-let advertising: Ensure you do not simultaneously market the property to let while serving a Ground 1A notice — this would undermine the claim
The 12-month re-let ban
The 12-month re-let prohibition is a significant restriction introduced specifically to prevent abuse of Ground 1A. If you recover possession using Ground 1A and then re-let the property within 12 months:
- You commit a civil penalty offence attracting a fine of up to £40,000
- The tenant you evicted can bring a civil claim for loss of accommodation
- Enforcement authorities can use the breach as evidence in future licensing or penalty proceedings
- You may be listed on the PRS Landlord Database as a non-compliant landlord
Alternatives to Ground 1A
Ground 1A is not the only option when a landlord wants to sell. Consider:
- Sell with the tenant in situ: Selling a tenanted property to an investor-buyer avoids the need for possession proceedings entirely. The new owner inherits the PAT and the tenant. This may achieve a lower price but avoids the 4-month notice period and the 12-month re-let ban
- Negotiate a voluntary surrender: Offer the tenant a financial incentive (e.g. cash payment, fee contribution) to surrender the tenancy voluntarily. A surrender deed should be signed by both parties. This is faster than Ground 1A and avoids court proceedings
- Wait for a natural break: If the tenant gives notice to leave, vacant possession is obtained without needing Ground 1A
Sources
- Housing Act 1988 Schedule 2 — Grounds for Possession (legislation.gov.uk)
- Renters' Rights Act 2025 (legislation.gov.uk)
This guide is accurate as at 31 May 2026. It is provided for information purposes only and does not constitute legal advice.