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The Renters Rights Act 2026, abolishes no-fault Section 21 Eveictions in England’s private rented sector. A key addition is the new mandatory Ground 1A, which allows a private landlord to seek possession if they have a genuine intention to sell the freehold or leasehold interest in the property (or grant a long lease of over 21 years).

This new Ground 1A effectively replaces much of the flexibility previously offered by Section 21 no-fault evictions when a landlord requires vacant possession in order to sell the property. It applies from 1 May 2026 to all assured tenancies, including those automatically converted from existing assured shorthold tenancies (ASTs) on that date.

Key Requirements for Using Ground 1A

Here is what you must satisfy in practice:

1. Genuine Intention to Sell
You (the landlord) must genuinely intend to sell the freehold or a qualifying long leasehold interest in the property. The court requires evidence of this intent, such as a witness statement, marketing materials, or proof that the property is being prepared for sale. It is not enough to simply want the tenant out — the sale must be your real purpose. 

2. Twelve (12) Month Protected Period
You cannot use Ground 1A to obtain possession until the tenancy has been in existence for at least 12 months. 

    • The “relevant date” (the date the tenant must leave) must fall after the 12-month anniversary of the tenancy start date. 
    • For new tenancies granted after 1 May 2026, the clock starts on the tenancy commencement date. 
    • For existing ASTs converting on 1 May 2026, guidance indicates the protected period generally runs from the original tenancy start date for most converted tenancies, though some interpretations tie aspects to the conversion date. In your earlier scenario (tenancy starting around October), this typically means you cannot achieve possession under Ground 1A before the October 12-month mark. 
    • You can serve the notice earlier (as soon as the tenancy reaches roughly 8 months), but the notice expiry date cannot fall within the first 12 months. 

3. Four (4) Months’ Notice
You must serve a valid Section 8 notice specifying Ground 1A and giving the tenant at least 4 months, before the date you intend to apply to court for possession. This is significantly longer than the old 2-month Section 21 notice. 

4. Mandatory Ground
If you prove the ground and meet all procedural requirements, the court must grant a possession order (no discretion for the judge on reasonableness, unlike many other Section 8 grounds).


Post-Possession Restrictions (Anti-Abuse Rules)

To prevent landlords from using the sale ground as a disguised way to remove tenants and then re-let quickly:

  • You cannot re-let the property, market it for letting, or allow paid occupation (including short-term lets like Airbnb) for 12 months after the date the tenant vacates (or the notice expiry date in some cases). 
  • There are limited exceptions, for example if you have genuinely tried to sell the property on the open market for at least 12 months without success, or in specific shared ownership scenarios. 
  • Breaching this restriction can lead to penalties or invalidate future use of the ground. 

Who Cannot Use Ground 1A?

  • Social landlords (registered providers) generally cannot use it until 2027. 
  • It does not apply to certain pre-1 May 2026 non-AST assured tenancies. 
  • It cannot be used for agricultural tenancies or other exempted arrangements.

Practical Timeline Example

Assume a tenancy started in October 2025 (converting to periodic on 1 May 2026):

  • You could serve a Ground 1A notice after roughly 8 months (around June 2026). 
  • The notice must give 4 months and cannot expire before the 12-month anniversary (October 2026). 
  • Earliest realistic vacant possession: late 2026 or early 2027, depending on court timing (which can add weeks or months).

If you need possession sooner, your realistic options are selling with the tenant in place or checking whether any pre-1 May 2026 Section 21 notice remains viable.

Important Notes

  • Ground 1A is separate from Ground 1 (which covers the landlord or close family members moving in — also subject to the 12-month rule and 4 months’ notice). 
  • Always use the correct prescribed form for the Section 8 notice. 
  • Court proceedings still take time, and delays can occur. 
  • Evidence and compliance with all rules are essential — weak cases can be challenged by tenants.
     

An Investment, Not an Expense

At Stonelink International, we have been running dedicated landlord one-to-one tenancy reviews throughout the year and will continue to do so. Our team can model your exact sale timeline, prepare the correct Section 8 paperwork in advance for Ground 1A, and introduce you to buyers who actively seek tenanted investment opportunities.

The Renters’ Rights Act is designed to give tenants greater security – but it does not remove your right to sell. It simply requires more notice and genuine intent. For most landlords who plan ahead, the impact is manageable.

If you would like us to review your specific tenancies, run a sale strategy session, or simply talk through your options, please call direct on: + 44 (0) 207 993 4081 or contact us now for a fast response.

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