You had a plan. Serve a Section 21 notice, get vacant possession, sell the property — either because it's EPC non-compliant and upgrade costs are too high, or simply because you're ready to exit the market. From 1 May 2026, that plan no longer exists.
Section 21 is abolished. Every possession claim now requires a specific legal ground. And if you need to sell a tenanted property with vacant possession, there is one route available to you: Section 8 Ground 1A — the new mandatory selling ground introduced by the Renters' Rights Act 2025.
This article covers the process of using Ground 1A step by step. If you're still deciding whether selling is the right choice for a non-compliant EPC property, read our sell-or-upgrade decision guide first. If you've already decided to sell, this is the process you need to follow.
What Is Ground 1A?
Ground 1A is a new mandatory possession ground created by the Renters' Rights Act 2025 (Schedule 1, amending Schedule 2 of the Housing Act 1988). It came into effect on 1 May 2026 and allows a landlord to seek possession of a property on the grounds that they genuinely intend to sell.
It is a mandatory ground, which means that if you can prove the ground is met, the court must grant possession. There is no judicial discretion — unlike discretionary grounds, where a judge can refuse even if you prove the facts.
This matters because Ground 1A offers more legal certainty than any discretionary alternative. But that certainty comes with conditions.
For context on how this fits into the wider S21 abolition picture, see our Section 21 abolition changes overview. For the strategic decision — sell versus upgrade — see the EPC exit strategy article.
Before You Can Use Ground 1A — The 12-Month Wait
Before you serve a Ground 1A notice, there is a crucial restriction that catches many landlords off guard.
You cannot serve a Ground 1A notice if the notice period would expire within the first 12 months of the tenancy.
In practical terms: if your tenancy started on 1 June 2025, the earliest the notice can expire is 1 June 2026. Since the notice period is 4 months, you would need to serve the notice by 1 February 2026 — so the 4-month period runs out after the 12-month point.
For most landlords with existing long-term tenants, this restriction will not apply — their tenancy has been running for well over a year. But for landlords who have a relatively new tenant (one who moved in after May 2025), you may need to wait before serving notice.
One area of uncertainty: for tenancies that converted from AST to assured periodic tenancy on 1 May 2026 under the Renters' Rights Act, the precise treatment of the 12-month clock is not yet fully clarified in government guidance. The safest assumption — and the position supported by the continuous tenancy principle — is that the clock runs from the original tenancy start date, not from 1 May 2026. Take legal advice if your tenant's tenancy started in the April–May 2025 window.
For more on what happens to tenancy documents and compliance obligations at the May 2026 conversion date, see RRA EPC transition rules.
Step-by-Step: How to Use Ground 1A
Step 1 — Confirm Your Genuine Intention to Sell
Ground 1A requires a genuine intention to sell the property. This is not "I might sell eventually" — if the matter goes to court, you will need to demonstrate that the intention is real and current.
Practically, this means you should have already taken at least one of the following steps before or at the time of serving notice:
- Instructed an estate agent (formal written instruction to market the property)
- Listed the property for sale on Rightmove or Zoopla (even as coming soon)
- Instructed a solicitor and have a letter of engagement
- Accepted an offer (strongest evidence)
Landlords who previously used S21 never had to prove anything. Ground 1A is different — the mandatory nature of the ground protects tenants from abuse by requiring demonstrable genuine intent.
The sale falls through — what happens? If you serve Ground 1A, your tenant vacates, and then the sale falls through, you are still bound by the consequences. See the 12-Month Re-Letting Trap section below.
Step 2 — Gather Your Evidence Before Serving Notice
Assemble your evidence file before you serve anything. If the case goes to court, you will need to produce this documentation. Do not rely on collecting it later.
Evidence checklist:
- Signed estate agent instruction / marketing agreement (with date)
- Screenshot of live property listing on Rightmove / Zoopla showing date and price
- Solicitor's letter of engagement confirming instruction to act on the sale
- Any accepted offer correspondence (buyer's written offer, your written acceptance)
- If selling at auction: entry form / auction house instruction
Keep copies of everything. The court will expect to see dated documentary evidence of your intention — not just your verbal statement that you planned to sell.
Step 3 — Serve the Section 8 Notice (Form 3A)
From 1 May 2026, you must use Form 3A — a new form that replaces the existing Form 3 for all possession notices served on or after that date. The government published a watermarked version of Form 3A on gov.uk to allow landlords to prepare; the final version that can be served on tenants was published on 1 May 2026.
Do not serve Form 3 after 30 April 2026. From 1 May, only Form 3A is valid.
On the form:
- Tick Ground 1A (sale of property)
- State the date the tenancy began
- Calculate the notice expiry date: at least 4 months from the date of service
- Confirm the expiry date does not fall within the first 12 months of the tenancy
An incorrect or incomplete Form 3A can result in the court dismissing or delaying your possession claim. Fill it carefully or use a solicitor.
How to serve the notice:
- By post (first class recorded delivery recommended)
- Hand-delivered to the property
- By email, if the tenancy agreement expressly permits electronic service
Step 4 — The 4-Month Notice Period
After valid service, the tenant has 4 months to leave voluntarily. If they go: vacant possession is yours and you can proceed with the sale.
Start your sale process during the notice period — you do not need to wait for vacant possession before instructing agents or solicitors, accepting offers, or exchanging contracts (subject to normal conveyancing). Many buyers will proceed with a sale subject to vacant possession at completion.
Keep a file record of when notice was served (date, method, any delivery confirmation). You will need this if you go to court.
Step 5 — Apply to Court If the Tenant Doesn't Leave
If the tenant is still in the property after the notice expiry date, you must apply to the county court for a possession order. You cannot take possession without a court order.
What to do:
- Complete the possession claim application (online via HMCTS or paper)
- Submit your evidence of genuine intention to sell
- Pay the court fee (approximately £355 for a standard possession claim)
- Attend the court hearing — typically listed 6–12 weeks from application, depending on the court's backlog
At the hearing: Because Ground 1A is a mandatory ground, if you can prove your genuine intention to sell and the notice was validly served, the court must grant the possession order. You do not need to argue that it's "reasonable" — that is the advantage of mandatory over discretionary grounds.
If the tenant still refuses to leave after the possession order, you can apply for a warrant of possession, which authorises court bailiffs to remove the tenant.
The 12-Month Re-Letting Trap
This is the most important thing in this article — and the fact most landlords don't know until it's too late.
⚠️ Once a tenant vacates following a Ground 1A notice, you cannot re-let or re-market the property as a rental for 12 months from the date they left. This applies regardless of what happens with your sale.
This anti-abuse provision comes directly from the Renters' Rights Act and is confirmed in the gov.uk Guide to the Renters' Rights Act: "To prevent landlords from abusing the moving in and selling grounds, landlords will not be able to market or re-let their property for 12 months."
The Independent Landlord confirms: "Landlords will not have the right to relet within 12 months of a tenant moving out following a Ground 1A notice for any reason."
The sale falls through scenario: If you serve Ground 1A, your tenant leaves in September 2026, and the sale collapses in December — you cannot re-let the property until September 2027. The 12-month ban is absolute and does not depend on the sale completing.
What this means in practice:
- Use Ground 1A only when you are seriously committed to selling, not as a precautionary move
- The vacant period is not "lost income you recover from re-letting" — that option is closed
- If your property needs EPC upgrade works, the 12-month vacancy window is a practical opportunity to carry them out before the sale — see our EPC D to C upgrade guide for costs and what's involved
What you CAN do during the 12 months:
- Proceed with and complete the sale at any point
- Carry out works on the property
- Market the property for sale throughout the period
- Leave the property vacant
For context on what fines apply if your property is non-compliant while tenanted, see EPC fines and penalties.
Realistic Timelines — How Long Will This Take?
This is the reality check that S21-experienced landlords need most. Section 21 could achieve vacant possession in 2–4 months in straightforward cases. Ground 1A is slower and less predictable.
| Scenario | Estimated Total Time |
|---|---|
| Tenant leaves after 4-month notice (best case) | 4–5 months from serving notice |
| Tenant stays — uncontested court order | 7–10 months from serving notice |
| Tenant stays — contested possession claim | 10–14+ months from serving notice |
| Sale completes after vacant possession | Add 3–6 months for conveyancing |
If you are planning to sell a non-compliant EPC property and need vacant possession before a specific point — for example, before remortgaging at a 2030 lender deadline — build these timelines into your planning now. Starting this process late will compress your options.
For the strategic comparison of selling versus upgrading including costs across different EPC bands, see our EPC exit strategy guide.
Ground 1A vs Ground 1 — Know the Difference
These two mandatory grounds are frequently confused. Confusing them on your notice is a fatal error — an invalid notice means restarting the process.
| Ground 1 | Ground 1A | |
|---|---|---|
| Purpose | Landlord or close family member intends to occupy as principal home | Landlord intends to sell the property |
| Type | Mandatory | Mandatory |
| Notice period | 4 months | 4 months |
| 12-month tenancy restriction | Yes — notice cannot expire in first 12 months | Yes — notice cannot expire in first 12 months |
| Re-letting ban post-vacation | 12 months | 12 months |
| Use if selling | ✗ Wrong ground | ✓ Correct ground |
If you are selling the property, always use Ground 1A. If a family member is moving in, use Ground 1. On Form 3A, you must select the correct ground — the form lists them separately.
Frequently Asked Questions
Can I sell the property without using Ground 1A?
Yes. You can sell a property with a sitting tenant at any time without using any possession ground. Buyers who accept the tenancy conditions will proceed as-is. Ground 1A is only needed when you want vacant possession — i.e., the buyer wants an empty property, or you need to carry out works before completing the sale.
What evidence do I need to prove genuine intention to sell?
Estate agent instruction letter (signed, dated), live property listing (screenshot with date), solicitor's engagement letter, and any accepted offer correspondence. The more documentation you have, the stronger your position if the case is contested in court.
What happens if my sale falls through after the tenant moves out?
The 12-month re-letting ban still applies in full. You cannot re-let the property for 12 months from the date your tenant vacated, regardless of whether the sale completes. Plan accordingly before serving notice.
Can I use Ground 1A to get vacant possession, do EPC upgrade works, and then sell?
Yes — this is a legitimate sequence. Once you have vacant possession following Ground 1A, you have the 12-month window (during which re-letting is prohibited) to carry out upgrade works before completing the sale. This can actually improve your sale price by moving the property to EPC C. See how to upgrade from EPC D to C for typical costs and measures.
Ground 1A gives landlords a clear statutory route to sell with vacant possession after S21 abolition — but it is slower, evidence-heavy, and carries a permanent 12-month re-letting restriction that changes the financial calculation compared with S21. If you are considering this route, instruct a solicitor before serving notice to make sure the process is valid from day one.
For landlords still weighing up the sell-versus-upgrade decision, our full EPC sell or upgrade guide covers the financial comparison across all EPC bands.