Ground 1A Sale UK 2026 — Complete Landlord Guide to Selling Under the RRA 2025 Possession Regime

Conditions for Ground 1A — what the landlord must establish

For Ground 1A to be made out, the landlord must establish at the court hearing that all of the following conditions are satisfied:

• Genuine intent to sell: The landlord must genuinely intend to sell the dwelling-house. 'Sell' means a sale of the freehold or the landlord's leasehold interest — it includes outright sale on the open market, sale to a connected person (family member, company controlled by the landlord), and sale at auction. It does not include letting to a new tenant at a higher rent, transferring to a related company while retaining beneficial ownership, or other arrangements that do not constitute a genuine disposal of the property
• The property must be the landlord's — not HMO rooms: Ground 1A applies to the dwelling as a whole. A landlord who lets individual rooms in an HMO cannot use Ground 1A to recover possession of individual rooms while retaining the rest of the HMO — they must be genuinely selling the whole property
• 12-month restriction — cannot be used in the first year: Ground 1A cannot be used within the first 12 months of the tenancy. This prevents landlords from granting a tenancy and immediately serving Ground 1A notice. The 12-month restriction runs from the start of the tenancy (or the start of the periodic tenancy following conversion under RRA 2025 — from 1 May 2026)
• 4 months minimum notice: The Section 8 Form 3 notice specifying Ground 1A must give at least 4 months' notice before the landlord can issue possession proceedings. This is longer than most other Section 8 notice periods — it is designed to give the tenant adequate time to find alternative accommodation
• Evidence of genuine intent at hearing: Courts will require evidence that the landlord genuinely intends to sell. Landlords should be prepared to provide: estate agent instruction letters or sales particulars; property listing on Rightmove/Zoopla; solicitor instruction (conveyancer instruction to market or prepare sale documentation); valuation reports; or, in the case of sale to a connected person, evidence of negotiations and agreed price

The 3-month no-relet restriction — what happens after possession

A key safeguard in Ground 1A is the 3-month no-relet restriction. This prevents landlords from obtaining possession on Ground 1A (claiming they intend to sell) and then immediately re-letting to a new tenant at a higher rent:

• The restriction: Where a landlord obtains possession under Ground 1A, the landlord must not let the property to a new residential tenant for a period of 3 months from the date on which possession is obtained. 'Let to a new residential tenant' includes any residential tenancy, licence, or occupation arrangement — a landlord cannot circumvent the restriction by using a licence rather than a tenancy
• Penalty for breach: Where a landlord breaches the 3-month no-relet restriction by letting to a new tenant, the former tenant (who vacated following the Ground 1A possession order) can apply to the First-tier Tribunal or County Court for compensation. The court can award compensation of up to one year's rent payable to the former tenant
• Sale not completed — does the restriction apply?: The 3-month restriction runs from the date of possession, not from the date of completion of a sale. Where a sale falls through after possession is obtained, the landlord is not entitled to immediately re-let — the 3-month period continues to run. Landlords should factor the risk of a sale falling through into their planning
• Monitoring and enforcement: The RRA 2025 does not create a specific monitoring authority for Ground 1A no-relet breaches. Enforcement relies on former tenants or their advisers identifying that the property has been re-let within the 3-month period (for example, by checking Rightmove listings or the new PRS Property Portal registration). Tenants' groups have indicated that monitoring compliance will be a priority

Compensation for failure to sell — court's power to award damages

The court has the power to award compensation to the former tenant where a landlord obtains possession under Ground 1A but subsequently does not sell the property within a reasonable period:

• When compensation arises: If the landlord obtains possession under Ground 1A but does not proceed with the sale — for example, because they change their mind and decide to keep the property, or re-let it within the restriction period — the former tenant can apply for compensation. The court assesses compensation having regard to the tenant's losses and the landlord's conduct
• Quantum of compensation: The court can award up to one year's rent as compensation to the former tenant. In high-value rental markets, this can be substantial — for a property letting at £2,000 per month, one year's rent is £24,000. Landlords who use Ground 1A speculatively (with no genuine sale intention) face significant financial exposure
• Limitation period for compensation claim: The former tenant must bring the compensation claim within the period prescribed by the court rules. Landlords who decide not to proceed with a sale following possession should proactively inform the former tenant and document their decision — this evidence will be relevant to any subsequent compensation claim
• Practical advice — only use Ground 1A if genuinely selling: The compensation risk means that Ground 1A should only be used where the landlord has a genuine, firm intention to sell. Landlords who are 'testing the market' or considering selling but not committed should not serve a Ground 1A notice. Where a landlord is uncertain whether to sell, they should take professional advice before serving notice

Serving the Ground 1A notice — procedure and checklist

The procedure for serving Ground 1A is the same as for other Section 8 grounds — the landlord must use Form 3 (the prescribed form, updated post-RRA 2025) specifying Ground 1A:

• Use current Form 3 (RRA 2025 version): The notice must be on the current prescribed Form 3 and must specify Ground 1A. The notice must include the facts on which the landlord relies — for Ground 1A, this means a statement that the landlord intends to sell the dwelling-house and, if possible, initial evidence of that intent (estate agent instruction reference, etc.)
• 4 months minimum notice period: The date specified in the notice after which proceedings may be issued must be at least 4 months after the date of deemed service of the notice. Add one working day for first-class post. The 4-month period cannot be shortened by agreement
• Cannot use Ground 1A in first 12 months of tenancy: Check the tenancy start date before serving. For converted tenancies (converted on 1 May 2026 from fixed-term ASTs), the 12-month period runs from the start of the original fixed-term tenancy, not from 1 May 2026
• Checklist before serving Ground 1A notice: (1) Confirm tenancy has been in existence for at least 12 months; (2) Instruct estate agent / solicitor and obtain written instruction letter; (3) Complete current Form 3 (post-RRA 2025 version) specifying Ground 1A; (4) Calculate service date + 4 months to determine earliest date for issuing proceedings; (5) Serve notice on all joint tenants by authorised method; (6) Keep evidence of service (certificate of posting; email delivery receipt); (7) Continue to collect rent during notice period — do not accept surrender without formal documentation
• Combined Ground 1A + Ground 8/10 notices: A landlord who has both a genuine sale intention AND rent arrears can specify both Ground 1A and the relevant arrears ground(s) in the same Section 8 notice. This allows the court to make a possession order on the arrears ground (which may be heard more quickly if the arrears are at the requisite level) while the Ground 1A case is also being advanced

Frequently asked questions