Conditions for Ground 1A — what the landlord must establish
Ground 1A is a mandatory possession ground — the court must order possession where the conditions are met. Four conditions must be satisfied.
- Genuine intent to sell: landlord must genuinely intend to sell the freehold or leasehold interest — not re-let at a higher rent or transfer while retaining beneficial ownership
- Whole property only: Ground 1A applies to the dwelling as a whole; cannot be used to recover individual HMO rooms while retaining the rest
- 12-month restriction: cannot be used within the first 12 months of the tenancy; for converted tenancies, the 12-month period runs from the start of the original fixed-term tenancy, not from 1 May 2026
- 4 months minimum notice: Form 3 specifying Ground 1A must give at least 4 months' notice; cannot be shortened by agreement
- Evidence at hearing: estate agent instruction/listing; solicitor instruction; valuation; or, for connected person sale, evidence of negotiations and agreed price
The 3-month no-relet restriction
Where possession is obtained under Ground 1A, the landlord must not let the property to a new residential tenant for 3 months from the date of possession.
- Scope: covers any residential tenancy, licence, or occupation arrangement — cannot be circumvented by using a licence rather than a tenancy
- Penalty for breach: former tenant can apply for compensation of up to 1 year's rent
- Sale falls through: the 3-month restriction still applies; landlord must wait out the period even if the sale does not complete
- Monitoring: tenants' groups have indicated Ground 1A compliance monitoring will be a priority; PRS Property Portal registration provides a searchable record
Compensation for failure to sell
The court has power to award compensation to the former tenant where the landlord obtains possession under Ground 1A but subsequently does not proceed with the sale.
- When compensation arises: landlord changes mind and keeps property; re-lets within the no-relet restriction period; or delays the sale indefinitely without genuine progress
- Quantum: up to 1 year's rent — for a £2,000/month rental, this is £24,000
- Practical advice: only use Ground 1A if genuinely selling; instruct an estate agent or solicitor before serving notice; document all steps taken toward the sale
- Combined Ground 1A + arrears grounds: where the landlord has both a genuine sale intention and rent arrears, specify both Ground 1A and the arrears ground(s) in the same Section 8 notice
Serving the Ground 1A notice — procedure checklist
Use the current post-RRA 2025 Form 3 specifying Ground 1A. The notice must state the facts relied on (intent to sell) and give at least 4 months' notice.
- Confirm tenancy has been in existence for at least 12 months before serving
- Instruct estate agent or solicitor and obtain written instruction letter before (or simultaneously with) service
- Calculate service date + 4 months to determine earliest date for issuing proceedings; add 1 working day for first-class post
- Serve on ALL joint tenants by authorised method; keep evidence of service
- Continue to collect rent during notice period; do not accept surrender without formal documentation