Ground 1A (Selling) and the 12-Month Restriction on Re-Letting

Last reviewed: 1 October 2026 — England

General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your own case. For advice, contact a Law Centre, Citizens Advice or Shelter England. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives early legal advice on housing, debt and welfare benefits to anyone at risk of possession proceedings and losing their home, and on-the-day advice and representation at possession hearings, regardless of their financial circumstances. Help is available from the moment someone receives written notice that possession of their home is being sought. Find a provider at find-legal-advice.justice.gov.uk.

When a Landlord Can Use Ground 1A

Schedule 2 to the Housing Act 1988 sets out four conditions, and all of them must be met.

1. Intention to sell. The landlord seeking possession intends to sell a freehold or leasehold interest in the property, or to grant a lease of more than 21 years that cannot be ended early by notice.

2. Not a Rent Act succession tenancy. The assured tenancy must not have arisen through succession under Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976.

3. The one-year test. Either:

   • the current tenancy began at least one year before the "relevant date", which is normally the date specified in the notice; or
   • at the relevant date, notice of a compulsory acquisition of the property has been given, the landlord intends to sell to the acquiring authority and the authority intends to buy.

   Both the day the tenancy began and the relevant date count in the calculation. If the court dispenses with the notice, the relevant date becomes the date proceedings began (Sch 2 para 12).

4. Not a social landlord. The landlord is not a non-profit registered provider of social housing, a registered social landlord, a charitable housing trust or, where the property is social housing, a profit-making registered provider.

The one-year test is measured to the date specified in the notice, not to the date of service (Sch 2 para 12(1)). A notice can therefore be served before the first anniversary of the tenancy, as long as the date it specifies passes the one-year test.

If the notice relies on Ground 1A, without Ground 7A or 14, the date it specifies must not be before the end of the period of four months beginning with the date of service (s.8(4AA)). The notice must be on the prescribed form. For private tenancies that is Form 3A, which is published on GOV.UK's assured tenancy forms page.

Legacy assured tenancies

Regulation 5 of the Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421) says that Ground 1A "does not apply in relation to a legacy assured tenancy". The regulation defines a legacy assured tenancy as an assured tenancy which:

• was entered into before 1 May 2026, and
• immediately before 1 May 2026, was not an assured shorthold tenancy.

If your tenancy was a fully assured (non-shorthold) tenancy before 1 May 2026, your landlord cannot rely on Ground 1A to recover possession.

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The Restriction on Letting and Marketing

The restriction applies after Ground 1 (the landlord or a close family member moving in) as well as after Ground 1A.

What is prohibited. Under section 16E(2) and (3), during the restricted period:

• the landlord must not let the property on a tenancy of 21 years or less, or allow anyone to occupy it under a paid licence; and
• the landlord, an agent or anyone acting for them must not market the property for letting on such a tenancy or licence, or authorise someone else to do so.

The restriction continues to the end of the restricted period whether or not the tenancy continues (s.16E(4)). It does not stop the landlord selling the property or granting a lease of more than 21 years.

When the restricted period runs (s.16M(4)):

• If the ground is relied on in a notice: from the day the notice is served until the end of 12 months beginning with the date given in the notice as the earliest date for proceedings.
• If the ground is first relied on in a claim form or particulars of claim: for 12 months beginning with the date they are filed with the court.

There are two adjustments:

• Ground 7A or 14 allows an earlier proceedings date. If the notice also includes one of those grounds, the 12 months are counted from the earliest date that a notice relying on Ground 1 or 1A alone could have specified (s.16M(5)–(6)).
• If the court makes a possession order on a different ground before the restricted period ends, the period ends on the day of that order (s.16M(7)).

Exceptions (s.16F). The exceptions after Ground 1A are narrow:

• Licence to a buyer. A licence is permitted where the licensee has agreed to buy the landlord's interest, or to take a lease of more than 21 years, and the licence is granted in anticipation of that purchase or lease.
• Shared owners. A landlord who is a shared owner may be able to re-let or market the property if the conditions in s.16F(3)–(4) are met. These include a written statement to the tenant before the tenancy began. For tenancies that already existed, that statement had to be given by the end of the one-month period beginning with 1 May 2026 (SI 2026/421 reg 9). Another condition is that the property has been valued by a RICS member, or advertised, for the assignment of the shared ownership lease.

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Offences and Penalties

Breaching the restriction. A person who contravenes section 16E(2) or (3) commits an offence (s.16J(2)). An agent or other person who is not the landlord has a defence to a marketing breach if they can show they took all reasonable steps to avoid it. The offence is punishable on summary conviction by a fine (s.16J(10)).

Misusing the ground. A landlord or agent also commits an offence if:

• they rely on a ground knowing that the landlord could not obtain possession on it, or being reckless about that; and
• the tenant then surrenders the tenancy within four months beginning with the date the ground was relied on, without a possession order being made (s.16J(1)).

For example, this could happen where a landlord serves a Ground 1A notice with no real intention of selling. Separately, it is a breach of section 16E(1)(e) to rely on a ground without reasonably believing that the landlord is, will or may be able to obtain possession on it. If the tenant then surrenders within four months without an order being made, the local housing authority may impose a penalty of up to £7,000 (s.16I(1)(b) and (6)).

Financial penalty instead of prosecution. A local housing authority may impose a financial penalty of up to £40,000 if it is satisfied beyond reasonable doubt that a section 16J offence has been committed (s.16K(1) and (3)). It cannot do this where the person has been convicted of that conduct or where criminal proceedings for that conduct have been brought (s.16K(2)). A person who has received a penalty for the conduct cannot also be convicted for it (s.16J(6)).

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Rent Repayment Orders

Offences under section 16J(1) and (2) are among the offences for which the First-tier Tribunal can make a rent repayment order (Housing and Planning Act 2016 s.40(3), rows 2A and 2B).

• Who can apply: the tenant, or the local housing authority (s.41(1)). For these two offences, the tenant can apply even though the property was no longer let to them when the offence was committed (s.41(2A)). That matters because a breach of the restriction usually happens after the tenant has left.
• Time limit: a tenant can apply only if the offence was committed in the period of two years ending with the day the application is made (s.41(2)(b)).
• Standard of proof: the Tribunal must be satisfied beyond reasonable doubt that the landlord committed the offence. A conviction is not needed (s.43(1)).
• Amount (tenant's application): where the order is made in favour of a tenant, the amount is worked out under section 44 (s.44(1)). For a breach of the restriction (row 2B), the order relates to rent paid by or on behalf of the tenant in respect of the two years ending with the date of the offence or, if the tenancy ended before that date, the two years ending with the date the tenancy ended. For misuse of a ground (row 2A), it is the two years ending with the date of the offence (s.44(2)). The order cannot exceed the rent paid for that period, less any relevant award of universal credit paid in respect of rent under the tenancy during that period (s.44(3)). Where the local housing authority applies, section 45 governs the amount instead (s.43(3)).
• Factors: the Tribunal must take into account, among other things, the conduct of the landlord and the tenant, the landlord's financial circumstances, and whether the landlord has a previous conviction, financial penalty or rent repayment order (s.44(4)).
• Maximum award: if the Tribunal decides to make an order, it must order the maximum, without reducing it for the section 44(4) factors, where the landlord has been convicted of the offence, or has received a financial penalty for it and there is no prospect of appeal against that penalty (meaning the time for appealing has expired and any appeal has been finally determined or withdrawn). The same applies if the landlord has at any time been convicted of, received a financial penalty for, or had a rent repayment order made for another offence which is the same offence. The Tribunal need not order any amount that, because of exceptional circumstances, it considers it would be unreasonable to require the landlord to pay (s.46).

The application is made on form RRO1, which HM Courts & Tribunals Service publishes on GOV.UK. The Tribunal's procedure is governed by the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169).

How the Upper Tribunal has approached the amount. The following decisions were made under section 44 before the Renters' Rights Act 2025 amended it. The amendments extended the period to two years and added new factors. The decisions explain how the Tribunal exercises its discretion:

• Vadamalayan v Stewart [2020] UKUT 183 (LC): the rent is the starting point, and the order is not limited to the landlord's profit.
• Williams v Parmar [2021] UKUT 244 (LC): the maximum is not a presumed starting point. The Tribunal must consider the circumstances, including the seriousness of the offence.
• Acheampong v Roman [2022] UKUT 239 (LC) sets out four steps. The Tribunal first takes the whole rent for the relevant period, then deducts utilities that benefited only the tenant. Next it decides what proportion reflects the seriousness of the offence. Finally, it adjusts that figure for the section 44(4) factors.

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Practical Steps

Landlords thinking about Ground 1A should:

• check that the tenancy is not a legacy assured tenancy;
• make sure the date in the notice is at least four months after service and at least a year after the tenancy began;
• keep evidence of a genuine intention to sell, such as instructions to an estate agent and valuation correspondence; and
• not re-let or market the property for letting during the restricted period. If the sale falls through, take advice before doing anything with the property.

Ground 1A is a compliance exercise as much as a legal one. The intention to sell has to be real, the no-relet rule runs for 12 months, and the deposit bar sits across the order regardless. ComplyWithMe's landlord compliance checklist for England (2026) sets out what a landlord should have in place before serving, and its exposure check shows where a property stands from a postcode and a few answers.

Tenants who receive a Ground 1A notice should check:

• when the tenancy began;
• whether it was a non-shorthold assured tenancy before 1 May 2026;
• the date given in the notice; and
• whether the notice is on Form 3A.

Our Form 3A notice periods guide and our guide to what to do in the first 14 days after a Form 3A explain the next steps.

Former tenants who think the property has been let or marketed during the restricted period should:

• keep the notice;
• take dated screenshots of any online listing and photographs of any "to let" board;
• note the dates; and
• report it to the local council's private housing team.

Take advice before applying for a rent repayment order, and keep the two-year time limit in mind.

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Authoritative Sources

• Housing Act 1988, s.7(3), s.8(4AA), ss.16E, 16F, 16I, 16J, 16K, 16M and Schedule 2 (Ground 1A; Part 5 para 12): legislation.gov.uk/ukpga/1988/50
• Renters' Rights Act 2025, s.145 and Schedule 1 para 3: legislation.gov.uk/ukpga/2025/26
• SI 2026/421, regs 2, 5 and 9: legislation.gov.uk/uksi/2026/421
• Housing and Planning Act 2016, ss.40, 41, 43, 44 and 46: legislation.gov.uk/ukpga/2016/22
• Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169): legislation.gov.uk/uksi/2013/1169
• GOV.UK: Assured tenancy forms; Apply for a rent repayment order: Form RRO1; Legal aid for possession proceedings
• Case law: Vadamalayan v Stewart [2020] UKUT 183 (LC); Williams v Parmar [2021] UKUT 244 (LC); Acheampong v Roman [2022] UKUT 239 (LC)

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Where to Get Help

• Citizens Advice, Shelter England or a local Law Centre.
• The Housing Loss Prevention Advice Service: find a provider at find-legal-advice.justice.gov.uk.
• Your local council's private housing or environmental health team, for a suspected breach of the re-letting restriction.

BundleCreator's Housing Possession & Tenant Debt subsite at /housing-possession-debt covers the possession journey from notice to recovery.

Nothing in this article is legal advice or a substitute for it. It describes the law in England as at the date shown. Landlords thinking about using Ground 1A should take advice from a regulated solicitor before serving Form 3A. Tenants and former tenants who suspect a breach of the restriction should take advice from Citizens Advice, Shelter England or a local Law Centre before applying to the Tribunal.