Selling Your Rental Property: Ground 1 and Ground 1A Under the Renters' Rights Act

How to regain possession when selling or moving in — including the 12-month restrictions, notice periods, and compensation penalties landlords must know

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With Section 21 "no-fault" evictions abolished from 1 May 2026, landlords who want to sell their rental property or move back in need to use the reformed possession grounds under Section 8. Ground 1 and Ground 1A are the two primary routes — but they come with restrictions, notice periods, and financial penalties for misuse that did not exist before.

This guide covers exactly how each ground works, what evidence you need, and how to avoid the costly mistakes that can block your possession claim or trigger compensation payments.

Ground 1: Landlord Requires the Property as Their Own Home

Ground 1 is a mandatory ground — if you prove you genuinely intend to occupy the property as your only or principal home, the court must grant possession. There is no discretion.

Requirements

To succeed on Ground 1, you must demonstrate:

1. Genuine intention to occupy — You must intend to live in the property as your only or principal home. The court can examine the genuineness of this claim
2. Notice period — You must give the tenant at least 4 months' notice using a Section 8 notice (Form 3)
3. 12-month tenancy restriction — Ground 1 cannot be used during the first 12 months of a tenancy
4. Not a company landlord — Ground 1 is only available to individual landlords, not corporate entities

What Counts as "Genuine Intention"?

Tribunals examine whether the landlord's stated intention is genuine. Evidence that strengthens your claim includes:

• Proof you have sold or are selling your current home
• Evidence that your current living arrangement is ending (lease expiry, relationship breakdown)
• Documentation showing you intend to make the property your principal residence (mail redirection, GP registration, school applications)
• Planning applications for renovation or modification (suggesting you intend to live there)

What can undermine your claim:

• Owning other properties that are vacant or available
• A history of using Ground 1 to remove tenants and then re-letting
• Advertising the property for rent during the notice period
• Failing to actually move in after obtaining possession

The 12-Month Re-Letting Restriction

This is the most significant constraint on Ground 1 — and the one most likely to catch landlords off guard.

After obtaining possession using Ground 1, you cannot re-let the property for 12 months.

This means:

• You cannot advertise the property for rent within 12 months of gaining possession
• You cannot grant a new tenancy within 12 months
• If you change your mind about moving in, you cannot simply re-let the property

Why this restriction exists: It prevents landlords from using Ground 1 as a backdoor "no-fault" eviction — claiming they want to move in, removing the tenant, and then letting to a new tenant at a higher rent.

Penalty for Breaching the Re-Letting Restriction

If you re-let the property within 12 months of obtaining possession under Ground 1:

• The new tenant can claim compensation of 6 months' rent
• The local authority can investigate for potential fraud
• Your credibility in any future possession proceedings is severely damaged

Example: If the property lets at £1,500/month, the compensation penalty for breaching the re-letting restriction would be £9,000 — payable to the new tenant.

Ground 1A: Landlord Intends to Sell the Property

Ground 1A is a new mandatory ground introduced by the Renters' Rights Act 2025. It allows landlords to regain possession when they genuinely intend to sell the property.

Requirements

To succeed on Ground 1A, you must demonstrate:

1. Genuine intention to sell — You must intend to sell the freehold or leasehold interest within a reasonable period of obtaining possession
2. Notice period — You must give the tenant at least 4 months' notice using a Section 8 notice
3. 12-month tenancy restriction — Ground 1A cannot be used during the first 12 months of a tenancy
4. The sale must be genuine — Obtaining possession and then not selling is a potential offence

What Counts as "Genuine Intention to Sell"?

Evidence that supports your claim:

• Instructions to an estate agent (a valuation appointment alone is not sufficient)
• Marketing materials prepared or marketing already commenced
• A sale contract or heads of terms
• Financial necessity (mortgage arrears, need for capital)
• Probate proceedings (inherited property being sold)
• Correspondence with solicitors regarding the sale

What can undermine your claim:

• No evidence of marketing or estate agent instruction
• A history of using Ground 1A and then not selling
• Re-letting the property after obtaining possession
• Withdrawing from a sale and re-letting without a genuine change of circumstances

Ground 1 vs Ground 1A: Key Differences

Can I Use Ground 1A to Sell with a Tenant In Situ?

You do not need Ground 1A to sell the property. You can sell at any time with the tenant in place — the tenancy transfers to the new owner. Ground 1A is only necessary if you want to sell the property with vacant possession.

Many investors are willing to purchase tenanted properties, especially if the tenant is reliable and the rent is at market rate. Selling with a tenant in situ avoids the need for a 4-month notice period and the associated void period.

The 12-Month Tenancy Restriction: What It Means in Practice

Both Ground 1 and Ground 1A cannot be used during the first 12 months of a tenancy. This "protected period" ensures that new tenants have stability when they first move in.

How the 12-Month Clock Works

Planning Your Timeline

If you know you will need to sell or move in, plan around the restriction:

1. Serve the Section 8 notice as early as possible — with a 4-month notice period, you can serve at month 8 (possession at month 12)
2. Instruct your estate agent during the notice period — so marketing begins immediately after possession
3. Keep evidence of your timeline — documented plans showing when you decided to sell or move in, and the steps you took. This strengthens your claim if the tenant challenges the notice

The Evidence You Need for a Successful Possession Claim

With Section 21 gone, courts will scrutinise every possession claim. For Ground 1 and Ground 1A, the evidence requirements are specific.

Evidence Checklist: Ground 1 (Moving In)

• Section 8 notice — correctly served in prescribed form, with 4 months' notice
• Proof of genuine intention — correspondence, financial statements, property search history
• Confirmation this will be your only/principal home — statutory declaration or witness statement
• Proof the 12-month restriction has passed — tenancy start date documentation
• Communication trail with tenant — dated notices, tenant's response, any negotiations
• No contradictory marketing — confirm the property is not listed for rent anywhere

Evidence Checklist: Ground 1A (Selling)

• Section 8 notice — correctly served in prescribed form, with 4 months' notice
• Estate agent instructions — signed terms of engagement, not just a valuation
• Marketing evidence — listing, portal screenshots, marketing particulars
• Solicitor correspondence — instruction letter, sale progression evidence
• Proof the 12-month restriction has passed — tenancy start date documentation
• Communication trail with tenant — dated notices, tenant's response, any negotiations

For detailed guidance on building evidence-grade documentation for any Section 8 ground, see our Section 8 Evidence Guide.

Keeping Your Evidence Tribunal-Ready

The difference between a successful and unsuccessful possession claim often comes down to the quality of evidence. Key principles:

Timestamps matter. Every notice, communication, and action should have a verifiable date. Tamper-evident records are stronger than screenshots or printouts of informal messages.

Completeness matters. Gaps in your timeline raise questions. If you served notice on 1 March but have no evidence of communication until the hearing in September, the court may question whether the process was genuine.

Consistency matters. Your stated intention must be consistent across all documentation. If you told the tenant you were selling but your evidence shows estate agent instructions to let, your claim falls apart.

Togal helps demonstrate compliance by creating a timestamped, tamper-evident record of every communication with your tenant throughout the possession process — giving you the strongest possible position at tribunal.

What Happens After You Obtain Possession?

If You Used Ground 1 (Moving In)

• You must move into the property as your only or principal home
• You cannot re-let the property for 12 months
• If your circumstances genuinely change (e.g., you receive a job offer in another city), document the change thoroughly — this may provide a defence if challenged
• The local authority can investigate if there are complaints that you did not actually move in

If You Used Ground 1A (Selling)

• You should proceed with the sale within a reasonable timeframe
• If the sale falls through, you should continue marketing
• If you decide not to sell, you need to be prepared to explain why — and you cannot simply re-let without risk
• Keep all documentation of the sale process

What If the Tenant Refuses to Leave?

If the tenant does not vacate after the notice period expires:

1. Apply to the court for a possession order — you cannot forcibly remove the tenant
2. Attend the hearing — present your evidence for Ground 1 or 1A
3. If the court grants an order — the tenant typically has 14 days to leave (or up to 42 days in exceptional circumstances)
4. If the tenant still does not leave — apply for a warrant of possession. County court bailiffs will enforce the order

Timeline expectation: From serving the initial Section 8 notice to possession via bailiffs, the process can take 6 to 9 months or longer in contested cases. Factor this into your planning.

Common Questions About Selling a Rental Property

Can I Sell Without Evicting the Tenant?

Yes — and in many cases, this is the simpler option. The tenancy transfers to the new owner automatically. The buyer steps into your shoes as landlord with all the same obligations.

When selling with a tenant in situ makes sense:

• The tenant is reliable and paying market rent
• You want to avoid a 4+ month void period
• The target buyers are investors (not owner-occupiers)
• You want to avoid the cost and uncertainty of possession proceedings

When vacant possession is necessary:

• Target buyers are owner-occupiers or first-time buyers
• The property needs significant renovation before sale
• The current rent is below market rate and depressing the sale price
• The tenancy has complications (arrears, disputes) that deter buyers

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Frequently Asked Questions

Q: Can I use Ground 1 or 1A if I have owned the property for less than 12 months? A: The 12-month restriction relates to the tenancy, not the ownership. If you bought a property with an existing tenant whose tenancy started more than 12 months ago, you can use Ground 1 or 1A immediately (subject to the 4-month notice period).

Q: What if I use Ground 1 but then change my mind about moving in? A: If you obtain possession under Ground 1 but do not move in, you face the 12-month re-letting restriction. You cannot simply re-let. If you change your mind before obtaining possession, you can withdraw the Section 8 notice — but you cannot serve another Ground 1 notice for the same property immediately without undermining your credibility.

Q: Can a family member use Ground 1 on my behalf? A: Ground 1 requires that you (the landlord) intend to occupy the property as your own principal home. A family member wanting to move in does not satisfy this ground. There is no equivalent of the old "family member" ground under the Renters' Rights Act.

Q: Is the 6 months' rent compensation automatic if I breach the re-letting restriction? A: No. The new tenant would need to apply to the First-tier Tribunal to claim the compensation. However, the tribunal application is straightforward, and if the facts show re-letting within 12 months, the claim is likely to succeed.

Q: Can I serve a Section 8 notice before the 12-month tenancy restriction expires? A: Yes. You can serve the notice before the 12-month point, as long as the notice period means possession would not be sought until after 12 months have passed. For example, serving a 4-month notice at month 9 means possession at month 13 — which is permitted.

Q: Do these grounds apply in Wales and Scotland? A: No. The Renters' Rights Act 2025 applies only to England. Wales has the Renting Homes (Wales) Act 2016, and Scotland has separate tenancy legislation. The grounds, notice periods, and restrictions differ in each jurisdiction.

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This guide is for informational purposes and does not constitute legal advice. Some implementation details may change as secondary legislation is finalised. For specific situations, consult a qualified property solicitor.

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Further Reading:

• Section 8 Evidence Guide
• Renters' Rights Act 2025 Landlord Guide
• Renters' Rights Act Penalties: Fines, Bans, and Rent Repayment Orders

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Sources:

• Renters' Rights Act 2025
• Housing Act 1988, Schedule 2 — Grounds for Possession
• GOV.UK Guidance on Possession of Property (Section 8)
• GOV.UK Private Renting
• First-tier Tribunal (Property Chamber)