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 to end the tenancy within its first 12 months: the date given in the notice must be at least 12 months after the tenancy began. The notice itself can be served earlier, provided it does not expire inside the first 12 months. The 12 months run from the start of the tenancy
• 4 months minimum notice: The Section 8 Form 3A 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. Ground 1 (landlord or family moving in) also requires 4 months' notice
• 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 12-month no-relet restriction, what happens after possession

A key safeguard in Ground 1A is the 12-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: Once a Ground 1A notice is served, the landlord must not let or market the property for letting during the restricted period, which runs from service of the notice until 12 months after the date given in the notice as the earliest date proceedings can begin (or 12 months from filing the claim). '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 12-month no-relet restriction by letting or re-marketing to a new tenant, the local authority can impose a financial penalty of up to £7,000; the breach is also an offence, with a penalty of up to £40,000 as an alternative to prosecution, and the former tenant or the council can apply for a rent repayment order. Landlords should treat the 12-month bar as an absolute restriction
• Sale not completed, does the restriction apply?: The restricted period ends 12 months after the date given in the notice (or 12 months from filing the claim), whether or not a sale completes. Where a sale falls through after possession is obtained, the landlord is not entitled to immediately re-let, the 12-month period continues to run. Landlords should factor the risk of a sale falling through into their planning
• Monitoring and enforcement: Enforcement of the Ground 1A no-relet breach sits with local authorities, which can impose a financial penalty of up to £7,000, or prosecute or impose a penalty of up to £40,000 where an offence is committed. Enforcement relies on former tenants or their advisers identifying that the property has been re-let or re-marketed within the 12-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

Penalties for misuse of Ground 1A, no separate compensation award

There is no separate compensation award to the former tenant where a landlord obtains possession under Ground 1A but does not sell. Misuse is dealt with through financial penalties, prosecution and rent repayment orders:

• When penalties arise: A landlord who misuses Ground 1A, or who lets or markets the property during the restricted period, faces a local authority financial penalty of up to £7,000; it is also an offence, with a penalty of up to £40,000 as an alternative to prosecution
• Rent repayment order: These offences are rent repayment order offences, so the former tenant or the council can apply for a rent repayment order. Landlords who use Ground 1A speculatively (with no genuine sale intention) face significant financial exposure
• If the sale does not go ahead: Landlords who decide not to proceed with a sale following possession should document their decision and the reasons, this evidence will be relevant to any later enforcement action, and the re-letting restriction continues to apply
• Practical advice, only use Ground 1A if genuinely selling: The penalty 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 3A (the prescribed form for private landlords under the RRA 2025) specifying Ground 1A:

• Use current Form 3A (RRA 2025 version): The notice must be on the current prescribed Form 3A 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. The Housing Act 1988 sets no deemed date of service, so follow the service clause in your tenancy agreement; if it is silent, allow for first-class post to arrive on the second business day after posting. 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 the date given in the notice will be at least 12 months after the tenancy began; (2) Instruct estate agent / solicitor and obtain written instruction letter; (3) Complete current Form 3A (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