Section 21 is dead. For landlords who need to regain possession of their property -- whether to sell, to exit the market, or to avoid the costs of EPC compliance -- the legal landscape has fundamentally changed.
The Renters Rights Act 2025 abolished no-fault evictions and replaced the old possession framework with a reformed set of grounds under Section 8. One of the most significant new additions is Ground 1A: a mandatory possession ground that allows landlords to reclaim a property specifically to sell it.
This article explains what Ground 1A is, how it works, what the conditions are, how to serve a valid notice, and how it intersects with the approaching 2030 EPC C deadline.
Background: What the Renters Rights Act Changed
The Renters Rights Act 2025 passed in late 2024 and came into force in 2025. Its central change: the abolition of Section 21 "no-fault" evictions. Landlords can no longer simply serve a two-month notice and regain possession without giving a reason.
Instead, all possessions now go through Section 8, which requires a landlord to cite one of a defined list of grounds. Some grounds are discretionary (the court can grant possession but doesn't have to). Some are mandatory (if the conditions are met, the court must grant it).
Ground 1A is mandatory.
What Is Ground 1A?
Ground 1A is a new mandatory possession ground introduced by the Renters Rights Act. It applies when the landlord intends to sell the property.
This is distinct from the existing Ground 1 (landlord or close family member intends to live in the property), which has also been retained and updated under the Act.
For Ground 1A to apply:
- The landlord must genuinely intend to sell the property
- The property must be marketed for sale within three months of the tenancy ending
- The landlord must not re-let the property within 12 months of the tenancy ending
These conditions are not optional. They are the anti-abuse provisions built into the ground, and breach of them triggers tenant compensation rights.
Notice Period
Ground 1A is a mandatory ground, which means the notice period is four months.
The landlord must serve a valid Section 8 notice citing Ground 1A, giving the tenant at least four months' notice to vacate. The notice must specify the ground, the date by which possession is required, and include the prescribed information required under the Act.
Crucially, because this is a mandatory ground, if the landlord satisfies the court that the conditions are met, the court must grant the possession order. There is no judicial discretion to refuse on grounds of hardship or reasonableness.
How to Serve a Valid Section 8 Notice Under Ground 1A
Serving a Section 8 notice under Ground 1A incorrectly can invalidate the notice and restart the clock. Follow these steps carefully:
Step 1: Confirm your intention to sell is genuine. You must actually intend to sell. Ground 1A cannot be used to evict a tenant for a different purpose and then sell later. Courts and tenants can challenge this.
Step 2: Use the prescribed form. The government-prescribed Section 8 notice form has been updated for the Renters Rights Act. Use the current version -- old pre-Act forms will not be valid.
Step 3: Fill in Ground 1A correctly. You must explicitly cite Ground 1A on the notice. Include a clear statement of your intention to sell. The clearer the better.
Step 4: Give the correct notice period. Four months from the date of service. Calculate this carefully -- dates matter in possession proceedings.
Step 5: Serve the notice correctly. Serve in writing, in the manner specified in the tenancy agreement or by hand/recorded post if no method is specified. Keep proof of service.
Step 6: Apply to court if the tenant does not vacate. If the tenant remains after the notice period expires, you apply to the court for a possession order. With a mandatory ground, you are presenting evidence that the conditions are met -- not asking the judge for discretion.
What Tenants Can Challenge
Ground 1A is mandatory, but tenants are not defenceless.
If a landlord obtains possession under Ground 1A and then:
- Does not market the property for sale within three months, or
- Re-lets the property within 12 months of the tenancy ending
...the former tenant can bring a claim for compensation. The Act includes provisions for financial redress in these circumstances.
This is why the ground must not be used as a workaround. Landlords who use Ground 1A to remove a tenant and then quietly re-let the property face real legal and financial exposure.
The EPC Angle: Selling as an Exit Route
Here is where Ground 1A intersects with the 2030 EPC compliance picture.
A significant number of landlords are looking at the EPC C deadline and their properties' current ratings and concluding that the upgrade costs outweigh the returns. For a landlord with a 1930s terraced house in EPC band E, the cost of reaching band C could run to £10,000--£20,000 or more. For some landlords -- particularly those with older properties, lower yields, or properties approaching the end of their useful investment life -- selling is the rational decision.
Until the Renters Rights Act, Section 21 was the standard mechanism for gaining vacant possession to sell. That mechanism is gone. Ground 1A is its replacement for this specific purpose.
Practical implication: If you have a below-C property and a long-standing tenant, and you have decided that selling is the right move, you can now serve a Ground 1A notice, give four months' notice, and -- provided you genuinely intend to sell and follow the conditions -- obtain a mandatory possession order.
The Boiler Upgrade Scheme and other grants exist to help landlords who choose to upgrade rather than sell. But for those who have decided to exit, Ground 1A is the legally correct route.
A Critical Note on EPC at Point of Sale
Using Ground 1A to sell a sub-C property does not exempt you from EPC obligations at the point of sale.
Any property sold or marketed in England and Wales must have a valid EPC available to prospective buyers. If your EPC has expired, you need a new one before marketing. The EPC rating will be visible to buyers and will affect the property's marketability and potentially its price.
This is separate from the rental compliance question. Selling does not erase the EPC -- it just changes who bears the cost of any future upgrades.
Summary
| Aspect | Detail |
|---|---|
| Ground type | Mandatory |
| Notice period | 4 months |
| Core condition | Genuine intention to sell |
| Post-possession obligation | Market for sale within 3 months |
| Re-let restriction | Cannot re-let within 12 months |
| Tenant remedy if abused | Compensation claim |
Ground 1A is a significant and practical tool for landlords who need vacant possession to sell. Used correctly, with genuine intent, it provides a reliable mandatory route through the courts. Used as a dodge -- to remove a difficult tenant with no real plan to sell -- it creates liability.
The 2030 EPC deadline is accelerating the number of landlords considering their exit options. Ground 1A is how those exits happen now.