Section 8 Ground 1A: Selling a Rented Property – Landlord Guide 2026

Ground 1A. It sits in Schedule 2 to the Housing Act 1988 and was introduced by the Renters’ Rights Act 2025. GOV.UK’s grounds for possession guidance says you can use it if you intend to sell your property.

Before 1 May 2026, most landlords used a Section 21 notice to sell with vacant possession. Section 21 has gone, so a sale now needs Ground 1A. See our explainers on what landlords do now Section 21 has gone and Section 8 vs Section 21.

Not to be confused with a lender selling after mortgage arrears, which is Ground 2, or with Ground 1B, a separate sale ground that applies only to private registered providers of social housing under Rent to Buy schemes.

Yes, if all of these are true:

1. 1

   You intend to sell the property

   A genuine, settled intention to sell, not a wish to re-let at a higher rent or to remove a tenant.

2. 2

   The tenancy is eligible

   Not an assured tenancy created before 1 May 2026 that was not an assured shorthold tenancy. Most social landlords cannot use the ground.

3. 3

   The 12-month protected period is respected

   Notice can be served during the first 12 months, but it cannot expire before they end.

4. 4

   You give at least 4 months’ notice

   On a Section 8 notice (Form 3A) citing Ground 1A.

5. 5

   The deposit is protected

   Otherwise the court cannot make a possession order.

If you want to move in yourself rather than sell, use Ground 1 – moving back in. If you are a new or accidental landlord, start with our first-time landlord or accidental landlord guide.

You must give 4 months’ notice. You cannot ask the tenant to leave for a sale within the first 12 months of a new tenancy. You can give notice during that time, but the notice cannot expire before the 12 months have ended.

Plan the court stage with our possession order timeline calculator.

Section 8 notices in England use Form 3A. Our Form 3A generator prepares it; for field-by-field detail read how to fill in Form 3A correctly.

Citing several grounds? The multiple grounds generator handles that; the longest applicable notice period governs.

Give a short, truthful statement of why the ground applies, with the facts that show a real intention to sell. Avoid vague wording such as “landlord wishes to regain possession”. An illustrative example (adapt it to your facts and do not copy details you cannot prove):

The landlord intends to sell the dwelling-house. On [date] the landlord instructed [estate agent / solicitor] to market and sell the property with vacant possession. The landlord requires vacant possession in order to complete the sale. The tenancy began on [date] and this notice expires after the first 12 months of the tenancy.

This is example wording, not legal advice. Keep documents that prove each statement (agent letter, instruction email, tenancy start date) so you can produce them if the claim is contested.

Commentary on the Renters’ Rights Act, including from the Guild of Letting & Management and Boyes Turner, says that after you rely on Ground 1A there is a restricted period, generally described as 12 months from the date given for possession, during which you cannot re-let, market the property for letting or allow others to occupy it for payment. This is meant to stop the ground being used as a disguised way to remove a tenant.

• The restriction can apply even if a genuine sale later falls through.
• Councils can enforce it with civil penalties; some commentary quotes figures of up to £7,000 for a first breach, so treat amounts as indicative and check the current Act.
• Exceptions are limited. Take advice before letting or marketing to let during the period.

Ground 1A is mandatory, but you must prove your intention. Prepare these before you serve and keep them updated up to any hearing:

• Estate agent instruction

  A dated instruction letter or valuation, ideally before the notice.

• Conveyancer instruction

  Engagement letter or correspondence showing you have begun the sale process.

• Your reasons

  A signed statement explaining why you are selling (for example, releasing capital, retirement, relocation) with supporting documents where relevant.

• Sale progress records

  Listing details, viewings, offers or a draft contract, as the sale moves on. Keep them current up to the hearing.

• Form 3A and proof of service

  The notice you served and proof of when and how it was delivered.

• Deposit protection certificate

  And proof prescribed information was given.

• Compliance documents

  Gas safety record, EPC and EICR, which courts expect in any possession claim.

Source: GOV.UK grounds for possession guidance (updated 1 May 2026).

If your goal is different, see Ground 1 – moving back in, Ground 6 – redevelopment or Ground 8 – rent arrears.

1. 1.

   Serving without a genuine plan to sell

   You may need to prove the intention when you serve and at the hearing. A vague aspiration invites a challenge.

2. 2.

   Ignoring the 12-month protected period

   A notice that expires before month 12 of a new tenancy does not work for Ground 1A.

3. 3.

   Giving too little notice

   Ground 1A needs 4 months, not the old 2 months of the Section 21 sale route.

4. 4.

   Re-letting or marketing to let after possession

   Commentary on the Act describes a restricted period after the possession date. Do not advertise or re-let without advice.

5. 5.

   Using Ground 1A on an excluded tenancy

   Pre-1 May 2026 non-AST assured tenancies are excluded.

6. 6.

   Unprotected deposit or no proof of service

   Either can stop a possession order. Fix compliance before you issue.

If tenants stay after the notice expires, read what happens next.