Ground 1A · MandatoryUpdated May 2026

Section 8 Notice Selling Property —Ground 1A England Guide 2026

From 1 May 2026, landlords in England can use Section 8 Ground 1A to regain possession of a rented property specifically to sell it. This page explains the 4-month notice requirement, the 12-month protected period, what evidence you need, and how to generate a valid Form 3A notice online.

Ground 1A at a glance

Ground1A (new May 2026)
TypeMandatory
Notice period4 months minimum
Protected period12 months from tenancy start
Form requiredForm 3A (not Form 3)
England only✓ (not Wales)
✓ New Ground 1A — Renters' Rights Act 2025✓ Mandatory ground — court must grant possession✓ 4-month notice auto-calculated✓ England only
⚠

Section 21 has been abolished from 1 May 2026. Landlords can no longer use a no-fault notice to regain possession for sale. Ground 1A (Section 8, Form 3A) is now the correct legal route for selling a tenanted property in England.

Generate your Form 3A now

Select Ground 1A in the tool below. The 4-month notice period will be calculated automatically from your service date.

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What is Section 8 Ground 1A?

Ground 1A is a new mandatory possession ground introduced by the Renters' Rights Act 2025, operational from 1 May 2026. It allows landlords in England to seek possession of a property let on an assured tenancy when the landlord genuinely intends to sell the property.

Before the Renters' Rights Act, landlords who wanted to sell a tenanted property typically used a Section 21 no-fault notice — which did not require any stated reason. Since Section 21 was abolished from 1 May 2026, Ground 1A was introduced specifically as a replacement route for this situation.

Ground 1A is a mandatory ground under Schedule 2 of the Housing Act 1988. This means that if the landlord proves the ground at court, the judge must grant a possession order — unlike discretionary grounds, where the judge can refuse even if the ground is technically made out.

Official source

Ground 1A is set out in Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. You can read the legislation on legislation.gov.uk. For landlord guidance, see the National Residential Landlords Association (NRLA).

When Can Landlords Use Ground 1A?

Ground 1A is available when all three conditions are met:

1

The tenancy has existed for at least 12 months

The Renters' Rights Act 2025 introduced a 12-month protected period at the start of every tenancy. A Ground 1A notice cannot be served until this period has passed. See section 4 below for details.

2

The landlord genuinely intends to sell the property

Ground 1A cannot be used speculatively or as a pretext. The landlord must have a genuine, demonstrable intention to put the property on the market and sell it. Evidence of this intention will be required at court.

3

The tenancy is an assured tenancy under the Housing Act 1988

Ground 1A applies to assured and assured shorthold tenancies. It does not apply to common law tenancies, licences, or properties let at a rent above the assured tenancy threshold.

Practical example

David is a landlord who let a property on 1 February 2026. He decides in March 2027 that he wants to sell. The 12-month protected period ended on 1 February 2027, so he can now serve a Ground 1A notice. He instructs an estate agent on 10 March 2027 and serves Form 3A that day, giving 4 months' notice. The earliest the notice can expire is 10 July 2027.

Ground 1A vs Other Possession Grounds

Landlords sometimes ask whether a different ground would be quicker or simpler. The table below shows how Ground 1A compares with the most commonly used Section 8 grounds.

GroundReasonNotice PeriodType12-Month Block
Ground 1AThis pageLandlord intends to sell the property4 monthsMandatory12 months
Ground 1Landlord or family needs to live in the property4 monthsMandatory12 months
Ground 8Rent arrears of 2+ months4 weeksMandatoryNone
Ground 10Any rent arrears4 weeksDiscretionaryNone
Ground 14Anti-social behaviourImmediateDiscretionaryNone

Mandatory = court must grant possession if proved. Discretionary = judge decides.

The Four-Month Notice Requirement Explained

Ground 1A requires a minimum of 4 months' notice. This is longer than the 2-month notice that Section 21 previously required, reflecting the greater disruption caused by requiring a tenant to move home.

The 4-month period runs from the date the tenant receives the notice — not the date it is written, signed, or posted. Landlords should allow for postal delivery time:

Service methodAssumed deliveryMinimum expiry
First-class post+2 working daysService date + 2 days + 4 months
Hand deliverySame dayService date + 4 months
Recorded deliveryNext working dayService date + 1 day + 4 months
Email (if agreed)Same dayService date + 4 months

⚠ Common error

Landlords who count 4 months from the date they write the notice — rather than the date the tenant receives it — produce defective notices that expire too early. Our generator adds the correct delivery buffer automatically.

The 12-Month Protected Period Explained

The Renters' Rights Act 2025 introduced a 12-month protected period at the start of every assured tenancy in England. During this period, a landlord cannot serve a Ground 1A notice, regardless of when they decide to sell.

The protected period starts on the first day of the tenancy and ends 12 months later. The earliest a valid Ground 1A notice can be served is the day after the 12-month period ends.

Timeline example: Tenancy starting 1 June 2026

1 Jun 2026

Tenancy starts

Protected period begins

1 Jun 2027

Protected period ends

Earliest Ground 1A notice can be served

e.g. 15 Jun 2027

Landlord serves Form 3A

Ground 1A cited, 4-month notice given

e.g. 15 Oct 2027

Notice expiry date

Tenant must vacate by this date

Evidence Landlords Should Keep for Ground 1A

Because Ground 1A requires genuine sale intention, landlords must be able to evidence this at court. The stronger your evidence, the less likely the tenant is to contest the claim. Here are the most useful forms of evidence, ranked by strength.

🏠

Estate agent instruction letter

Strong

A signed letter or email instructing an estate agent to market or value the property. This is the strongest single piece of evidence.

📊

Valuation report

Strong

A formal valuation from a RICS-registered surveyor or estate agent showing the property was assessed for sale purposes.

⚖️

Solicitor correspondence

Strong

Emails or letters with a conveyancing solicitor about the sale, including engagement letters or sale memoranda.

🏦

Mortgage redemption statement

Supporting

A statement from your mortgage lender showing you requested a redemption figure — evidence you are planning to pay off the mortgage on sale.

📝

Written statement of intent

Supporting

A dated written statement confirming your intention to sell, signed by all legal owners. Weaker alone, but useful alongside other evidence.

Best practice

Instruct an estate agent before or on the same day as serving the Ground 1A notice. This gives you a clear, dated paper trail that pre-dates the possession claim. Avoid re-letting the property to a new tenant after gaining possession — this may expose you to a compensation claim from the former tenant.

How to Complete Form 3A for Ground 1A — Step by Step

Follow these steps in order. Skipping or rushing any step is the most common cause of invalid notices and failed possession claims.

1

Check the 12-month protected period

The tenancy must have started at least 12 months ago before you can serve a Ground 1A notice. Count from the date the tenancy began.

✓ Checklist:Tenancy started 12+ months ago?
2

Gather evidence of sale intention

Instruct an estate agent or solicitor before or shortly after serving the notice. Courts expect evidence of genuine intention to sell.

✓ Checklist:Evidence of sale intent secured?
3

Complete Form 3A correctly

Select Ground 1A, enter all tenant names exactly as on the tenancy agreement, and confirm the date of service.

✓ Checklist:All fields complete and accurate?
4

Calculate the 4-month notice expiry

The notice period runs from when the tenant receives the notice, not when you write it. Add 2 days for first-class post. Our generator calculates this automatically.

✓ Checklist:Expiry date correctly calculated?
5

Serve Form 3A and keep proof

Serve by first-class post, hand delivery, or recorded delivery. Keep your certificate of service — the court requires it.

✓ Checklist:Certificate of service kept?
6

Apply to court if tenant does not leave

If the tenant has not vacated by the expiry date, apply to the county court for a possession order using form N5. Ground 1A is mandatory — the court must grant possession if proved.

✓ Checklist:Tenant still in property after expiry?

Common Mistakes That Invalidate a Ground 1A Notice

A defective Section 8 notice means your possession claim will fail at court. You will need to start again — serving a fresh notice and waiting through the full notice period again. The mistakes below are the most frequently seen in county court possession cases.

1.

Serving notice before the 12-month protected period ends

Fatal

The notice is invalid. You cannot serve a Ground 1A notice in the first 12 months of a tenancy, regardless of when you decided to sell.

2.

Using fewer than 4 months' notice

Fatal

The notice is defective and the court will dismiss the claim. You must give a minimum of 4 months from the date the tenant receives the notice.

3.

Tenant names do not match the tenancy agreement

Fatal

The notice can be challenged. Names must be copied exactly from the tenancy agreement, including any middle names stated.

4.

Using old Form 3 instead of Form 3A

Fatal

Any Section 8 notice served on Form 3 after 1 May 2026 is legally invalid. The court will dismiss the possession claim.

5.

No genuine sale intention — re-letting to a new tenant instead

Serious

The former tenant can apply for compensation. Courts take a serious view of abuse of Ground 1A.

6.

No evidence of sale intention kept

Serious

The court may be sceptical about whether the ground is made out. Estate agent instructions or a solicitor letter should be ready before the hearing.

About This Guide and Generator

🔄

Updated May 2026

This page was reviewed and updated to reflect the Renters' Rights Act 2025, which introduced Ground 1A on 1 May 2026. All notice periods and eligibility rules reflect the current law.

🇬🇧

England only

Ground 1A and Form 3A apply in England only. Wales uses the Renting Homes (Wales) Act 2016. Scotland and Northern Ireland have separate legislation.

⚖️

Not a substitute for legal advice

For complex cases — especially where the tenant is likely to contest — consult a housing solicitor or the NRLA. This tool helps you produce a correctly formatted notice.

Authoritative external sources

↗Housing Act 1988 Schedule 2 — legislation.gov.uk↗Renters' Rights Act 2025 — legislation.gov.uk↗NRLA Landlord Guidance↗GOV.UK: Renting out your property

Frequently Asked Questions — Section 8 Ground 1A

Can a landlord evict a tenant to sell the property in England?▾
Yes. From 1 May 2026, landlords in England can use Section 8 Ground 1A to seek possession because they genuinely intend to sell the property. They must give at least 4 months' notice on Form 3A and cannot serve the notice during the first 12 months of the tenancy.
What is the notice period for Ground 1A?▾
Ground 1A requires a minimum of 4 months' notice from the date the tenant receives the Form 3A notice. This is longer than the 2-month notice previously required under Section 21. Our generator calculates the correct expiry date automatically.
What is the 12-month protected period for Ground 1A?▾
Under the Renters' Rights Act 2025, landlords cannot serve a Ground 1A notice in the first 12 months of a tenancy. If the tenancy began on 1 March 2026, the earliest a valid Ground 1A notice can be served is 1 March 2027.
Does the landlord have to actually sell after using Ground 1A?▾
Yes. Landlords must genuinely intend to sell. Re-letting to a new tenant after gaining possession via Ground 1A could expose the landlord to a compensation claim from the former tenant. Courts take abuse of mandatory grounds seriously.
What evidence does a landlord need for Ground 1A?▾
The strongest evidence is signed estate agent instructions or a valuation report. Solicitor correspondence about the sale and mortgage redemption statements also help. A bare written statement of intent alone is unlikely to be sufficient if challenged at court.

Updated for the Renters' Rights Act 2025 · Ground 1A

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