Section 21 is gone. If you need your property back to sell, Ground 1A is your route. Here is exactly how it works, what the 12-month re-let ban means, and the mistakes that will cost you.
Section 21 is gone from 1st May 2026. No more no-fault evictions. No more serving a notice and waiting for the tenant to leave without giving a reason.
If you need your property back, you need a ground.
Ground 1A is the one most landlords will reach for first — and most landlords do not fully understand it yet.
That is a problem. Because getting it wrong does not just mean delay. It means the court throws out your case, your tenant stays, and you have wasted months.
Here is everything you need to know.
Ground 1A is a mandatory possession ground that allows a landlord to recover their property in order to sell it.
Mandatory means that if you meet the conditions, the court must grant possession. The judge has no discretion. You are not asking — you are meeting a legal threshold.
That is the good news.
The conditions, however, are specific. Miss one and mandatory becomes invalid.
1. You must genuinely intend to sell the property.
Not "thinking about it." Not "might put it on the market." A genuine, concrete intention to sell. Courts are not naive — if you serve a Ground 1A notice and the property never goes on the market, you are exposed.
2. The tenancy must have been running for at least 12 months.
You cannot use Ground 1A during the first 12 months of the tenancy. A landlord who starts a new tenancy in June 2026 cannot serve a Ground 1A notice until June 2027 at the earliest.
This is a deliberate protection for tenants. It prevents the obvious abuse of granting a tenancy and immediately seeking to end it.
3. You must give 4 months' notice.
Four months. Not two. Not one. Four.
This is the minimum notice period for Ground 1A. Serve anything less and the notice is invalid on its face. The tenant has no obligation to leave and you cannot begin court proceedings.
Once you recover possession under Ground 1A — once the court grants the order and your tenant vacates — you cannot re-let the property for 12 months.
If you do, you face a fine of up to £7,000 for a first breach. Repeat breach: £40,000.
The re-let ban is not a technicality. It is the enforcement mechanism that gives Ground 1A teeth. The government is saying: if you genuinely want to sell, sell. If you use this ground to remove a tenant and then put the property straight back on Rightmove for rent — you will pay for it.
What counts as re-letting?
Re-letting to any new tenant within 12 months of recovering possession. The clock starts from the date you recover the property — not from the date you served the notice.
What if your circumstances change?
This is where landlords need to be careful. You serve a Ground 1A notice in good faith. You intend to sell. Then something changes — a chain falls through, a family situation shifts, the market moves.
The Act does not give you a clean escape route here. If you recover possession on the basis of an intention to sell and then re-let within 12 months, the ban applies regardless of your explanation. If you decide not to proceed with the sale before the tenant leaves, you should take legal advice immediately — withdrawing a possession notice once issued is not straightforward.
The lesson: do not serve a Ground 1A notice unless the intention to sell is firm.
These two grounds are frequently confused. They are not the same.
Ground 1 — landlord or close family member intends to occupy the property as their only or principal home. Moving back in. Four months' notice. Cannot be used in the first 12 months of the tenancy. Mandatory.
Ground 1A — landlord intends to sell. Four months' notice. Cannot be used in the first 12 months of the tenancy. Mandatory. Subject to the 12-month re-let ban.
Same notice period. Same restriction on use in year one. Different purpose. Different consequences.
If you are moving back into your property rather than selling it, you need Ground 1 — not Ground 1A.
The notice must be in the correct prescribed form. It must:
An incorrectly drafted or served notice is invalid. You cannot rely on it. You cannot begin court proceedings on it. You start again — and the clock resets.
The LegalDraft Pro Section 8 notice generator on this platform produces notices drafted to reflect the requirements of the Renters' Rights Act 2025, including Ground 1A with the correct notice period and prescribed wording.
Because Ground 1A is mandatory, the hearing itself — if uncontested — should be straightforward. The court must grant possession if the conditions are met.
However, tenants can challenge the notice on procedural grounds. Common challenges include:
That last one is harder to contest than people expect. A landlord with an estate agent instruction letter, a valuation, and a clear paper trail of intent is in a strong position. A landlord who has served the notice but has taken no steps toward sale is not.
Build your paper trail before you serve.
Ground 1A gives you a clear, mandatory route to recover your property if you want to sell it. But it comes with four non-negotiable requirements: genuine intent, 12 months into the tenancy, 4 months' notice, correct form and service.
And once you have your property back — do not re-let it within 12 months. That is not a grey area.
If you are approaching a situation where you might need Ground 1A, do not leave the notice to the last minute. Four months is a long time. Start the process early, get the paperwork right, and make sure your intention to sell is documented from the outset.
This article provides general guidance only and does not constitute legal advice. Always verify against current GOV.UK guidance and consult a qualified solicitor or housing law specialist for advice specific to your circumstances.
AI Comply
Loading…
General information only — not legal advice
Do not include personal details of others in your questions