Ground 1A, Serving a Section 8 Notice to Sell

The Renters' Rights Act 2025 abolished Section 21 no-fault eviction from 1 May 2026. For landlords who previously used Section 21 to recover vacant possession before a property sale, Ground 1A on a Section 8 notice is the designated replacement. Understanding Ground 1A is essential for any England landlord who may want to sell their property during or after a tenancy.

What is Ground 1A?

Ground 1A is inserted into Schedule 2 of the Housing Act 1988 by the Renters' Rights Act 2025. It reads (in substance): the landlord intends to sell the dwelling-house. It is a mandatory ground, courts must grant possession if the procedural requirements are satisfied and the landlord's intention to sell is genuine.

Conditions for Ground 1A

• Intention to sell must be genuine: The landlord must have a real and settled intention to sell the property. Serving a Ground 1A notice and then withdrawing from the market without good reason exposes the landlord to a compensation order
• The tenancy must be a Periodic Assured Tenancy (PAT): Ground 1A applies to PATs (all new residential tenancies from 1 May 2026). It does not apply to company lets, holiday lets, or non-assured tenancies
• No restriction during first 6 months: Landlords cannot use Ground 1A to recover possession within the first 6 months of a new PAT. This protects tenants from immediate eviction in newly granted tenancies
• Notice served on Form 3A: The notice seeking possession must be on the prescribed Form 3A, citing Ground 1A. Informally worded notices not on the correct form are invalid
• 4 months' notice period: The notice period for Ground 1A is 4 calendar months from the date of service. The possession date stated in the notice must be no earlier than 4 months from service

Step-by-step: how to use Ground 1A correctly

1. Confirm your genuine intention to sell: Before serving the notice, be satisfied you intend to place the property on the market. Instructing an estate agent and/or obtaining a valuation before service supports the genuineness of your intention
2. Check the 6-month rule: Confirm that at least 6 months have elapsed since the PAT commenced. You cannot serve Ground 1A within the first 6 months
3. Complete Form 3A correctly: Use the current prescribed Form 3A, do not adapt older forms from before 1 May 2026. State Ground 1A and the intended possession date. Specify the date possession is required, must be at least 4 months from service
4. Serve the notice correctly: Serve on all named tenants by first class post (deemed served on the second business day after posting), personal delivery, or the method specified in the tenancy agreement
5. Retain evidence of service: Keep a dated copy of the notice and proof of posting or delivery. Courts will require evidence of correct service if the tenant defends the claim
6. Apply to court if the tenant does not leave: If the tenant does not vacate by the possession date, apply to the county court for a possession order on Ground 1A. As a mandatory ground, the court must grant the order if you have complied with the procedural requirements
7. Do not withdraw from the sale without good reason: If you decide not to sell after serving the notice, the tenant can apply for compensation. Only withdraw if there is a genuine reason (failed survey, inability to secure an acceptable offer, significant change in circumstances)

Compensation if you do not sell

The RRA 2025 introduces a compensation mechanism where a landlord serves a Ground 1A notice but then does not sell the property. A tenant who vacates (or is evicted) following a Ground 1A notice can apply to court for compensation where the landlord did not genuinely intend to sell, or abandoned the sale without good reason. The court may award up to one year's rent. This provision creates a significant financial risk for landlords who serve Ground 1A notices speculatively or to circumvent other obligations.

Ground 1A versus Ground 1 (landlord occupation)

• Ground 1A: Landlord intends to sell. Notice period: 4 months. Applies to all PATs (subject to 6-month restriction)
• Ground 1 (landlord or family occupation): Landlord, spouse, or certain family members intend to occupy as their principal home. Notice period: 4 months. Applies to all PATs
• Key difference: Ground 1 requires occupation as a principal home, it cannot be used where the landlord intends to use the property as a second home or let it to a different tenant. Ground 1A is specifically for sale and cannot be used where the intention is to relet

Retaliatory eviction protection

Even on a mandatory ground such as Ground 1A, courts may stay a possession claim where the landlord has used the notice to retaliate against a tenant for making a legitimate complaint about the property's condition. If a Ground 1A notice is served within 6 months of a relevant complaint about disrepair (e.g. a complaint to the council, an Awaab's Law notification, or an HHSRS improvement notice), the court may treat this as retaliatory eviction and delay or dismiss the possession claim. Landlords should ensure all repair obligations are discharged before serving any possession notice.

Practical checklist for Ground 1A

• Confirm at least 6 months have passed since the PAT commenced
• Instruct an estate agent and obtain at least one valuation before serving the notice
• Complete the current Form 3A, citing Ground 1A, with a possession date at least 4 months from service
• Serve on all named tenants and retain proof of delivery
• Do not withdraw from the sale without a genuine reason, compensation risk is significant
• Ensure all Awaab's Law repair obligations are up to date before serving to avoid retaliatory eviction challenges
• Apply to court promptly if the tenant does not vacate by the possession date