Ground 1 and 1A Under the Renters' Rights Act: The 12-Month Rules Landlords Are Getting Wrong

Grounds 1 and 1A let landlords reclaim a property to live in or sell — but both carry a 12-month waiting period and a 12-month no-relet ban after eviction. Here's what they actually require.

Two of the most commonly asked-about possession grounds under the Renters' Rights Act 2025 are Ground 1 — the landlord or a family member needs to move in — and Ground 1A — the landlord intends to sell. Both are mandatory grounds, meaning a court must grant possession if the conditions are met. Both also come with restrictions that are more demanding than many landlords realise, and one of them — the no-relet ban that follows successful possession — is catching landlords by surprise.

Ground 1: moving in

Ground 1 in Schedule 2 to the Housing Act 1988, as amended by Schedule 1 to the Renters' Rights Act 2025, allows possession where the landlord requires the property as the only or principal home of:

The landlord themselves
The landlord's spouse or civil partner (or former spouse or civil partner)
A parent, grandparent, child, grandchild, or sibling (including half-blood and by marriage)

The landlord or family member must genuinely intend to move in. Courts scrutinise this — a landlord who uses Ground 1 and then immediately re-lets will face the consequences described below.

Ground 1A: selling

Ground 1A applies where the landlord intends to sell a freehold or long leasehold interest in the dwelling-house. "Sell" includes a compulsory acquisition. The ground cannot be used if the tenant has an assured tenancy (not an AST) that was created before 1 May 2026.

The 12-month restriction on use

Neither Ground 1 nor Ground 1A can be relied upon until the tenancy has been running for at least 12 months. You can serve the Form 3A notice before the 12 months are up, but the date specified in the notice — the earliest date on which the tenant is required to leave — must fall on or after the 12-month anniversary of the tenancy start date.

For a tenancy that started on 1 June 2026, the earliest you can specify in the notice is 1 June 2027. You could serve the notice in March 2027, but the required departure date must still be June 2027 or later.

Notice periods

Both Grounds 1 and 1A require 2 months' notice. The date specified must be at least 2 months after the notice is served — and also no earlier than the 12-month anniversary of the tenancy.

The 12-month no-relet ban — the rule most landlords miss

Under RRA s.16E, where a landlord has obtained possession using Ground 1 or 1A, they enter a restricted period of 12 months during which they must not:

Let the property on any tenancy of 21 years or less
Advertise or market the property for letting

For Ground 1 (moving in), the landlord or family member must actually occupy the property. Re-letting within the restricted period is prohibited.

For Ground 1A (selling), the landlord cannot let the property to new tenants for 12 months after gaining possession. If the sale falls through, the restricted period still applies — the landlord must wait it out before re-letting.

Breaching the restricted period is an offence. Civil penalties for misuse of these grounds can reach £40,000.

Exemptions to the restricted period

RRA s.16F provides limited exemptions from the no-relet prohibition — for example, where a compulsory acquisition falls through. The exemptions are narrow. Most landlords considering a standard sell or move-in scenario will not be able to rely on them.

Practical planning

These two rules together mean that Grounds 1 and 1A are not short-notice tools. A landlord who starts a tenancy and then decides to sell within a year cannot use Ground 1A until the tenancy is 12 months old. After gaining possession, they must then wait a further 12 months before re-letting. Plan possession timelines before new tenancies start, not after.

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Frequently asked questions

Can I use Ground 1A if I want to sell to a family member?

The ground requires an intention to sell a freehold or leasehold interest. A genuine sale to a family member at market value is likely to qualify. A transfer without consideration (gift, estate planning) is less clear — take professional advice on the specific facts.

My tenancy has been running for 18 months. Can I use Ground 1 immediately?

Yes — provided the 12-month minimum has passed, you can serve a Ground 1 notice. The notice must give 2 months before the required departure date. Once the tenant leaves, the 12-month restricted period begins.

I used Ground 1A and the buyer fell through. Can I re-let?

The no-relet restriction applies regardless of whether the sale completed. If you obtained possession using Ground 1A, you cannot re-let for 12 months. The s.16F exemptions cover very limited situations; a failed sale without a compulsory acquisition element is unlikely to qualify without legal advice.

What if the tenant refuses to leave after the notice period?

You would need to apply to court for a possession order. Ground 1 and 1A are mandatory — the court must grant possession if the conditions are met and the notice is valid.

Does the 12-month restriction apply to Ground 1B (rent-to-buy)?

Ground 1B is a separate ground introduced by the RRA for rent-to-buy arrangements with its own conditions. If you are dealing with a rent-to-buy agreement, check the specific requirements for that ground separately.

Sources

This article is general guidance, not legal advice. Verify your obligations against current GOV.UK guidance or seek professional advice for your circumstances. Last reviewed 2026-07-06.