Selling a rented property has become more complicated since Section 21 was abolished.
From 1 May 2026, landlords in England who want possession because they genuinely intend to sell normally need to rely on Ground 1A, the statutory possession ground introduced specifically for this purpose.
It gives landlords a route to recover possession, but there are important restrictions around timing, notice and what happens after the tenant leaves.
What is Ground 1A?
Ground 1A is a mandatory possession ground available where a landlord genuinely intends to sell the property.
That means the landlord is not asking for possession because of tenant fault, rent arrears or antisocial behaviour. The reason is simply that the landlord intends to dispose of the property.
But Ground 1A is not an instant route to vacant possession.
The first 12 months are protected
A landlord cannot use Ground 1A to require a tenant to leave during the first 12 months of a new tenancy.
This protected period is intended to give tenants greater security at the beginning of the tenancy.
A notice can be served during that first year, but it cannot expire before the 12-month period has ended.
Landlords thinking about selling should therefore check the tenancy start date before making assumptions about when vacant possession may be available.
Four months’ notice is normally required
Ground 1A normally requires four months’ notice before the landlord can apply to the court for possession.
That period needs to be built into the sales timetable.
And four months does not necessarily mean the property will be vacant at the end of four months.
If the tenant does not leave voluntarily when the notice expires, the landlord may still need to apply to the court for a possession order.
Any landlord agreeing a sale that depends on vacant possession should therefore avoid promising a completion date before possession has actually been secured.
Evidence of a genuine intention to sell
Ground 1A is intended for landlords who genuinely plan to sell.
Landlords should therefore keep evidence supporting that intention.
Useful records may include:
- correspondence with estate agents;
- valuations;
- instructions to market the property;
- discussions with solicitors;
- mortgage-redemption information;
- correspondence relating to the proposed sale; and
- internal portfolio records showing the decision to dispose of the property.
The stronger the documentation, the easier it is to demonstrate that the possession ground was being used for its intended purpose.
There is a 12-month restriction on re-letting
This is one of the most important parts of the new regime.
Where possession has been recovered using Ground 1A, the landlord is generally restricted from re-letting or marketing the property for rent for 12 months.
That restriction is designed to prevent landlords from claiming that they intend to sell simply to remove a tenant and then quickly offering the property to someone else.
Landlords should therefore think carefully before using Ground 1A.
A change of mind after possession has been obtained can create significant problems.
What if the property does not sell?
Properties do not always sell as quickly as expected.
The market can change, buyers can withdraw and valuations can disappoint.
But a landlord who has recovered possession using Ground 1A cannot simply treat the failed sale as an opportunity to put the property straight back onto the rental market.
The post-possession restrictions still need to be considered.
That makes it sensible to assess the likely sale price and marketability before starting the possession process.
Could you sell with the tenant in place instead?
Vacant possession is not the only option.
Some rental properties can be sold with the existing tenant remaining in occupation.
This can appeal to another landlord who wants:
- rental income from completion;
- an established tenant;
- a known rent history; and
- a property already operating as an investment.
Selling with the tenant can also avoid the delay and uncertainty of possession proceedings.
The buyer will usually want to inspect the tenancy records carefully, so deposit protection, safety certificates, licensing and rent records should all be organised.
NetRent Property for Sale
Landlords considering a disposal can advertise rental property through NetRent’s Property for Sale service.
Properties can be advertised with or without sitting tenants, allowing landlords to reach an audience that already includes people actively involved in the private rented sector.
There is no charge to advertise, and enquiries are sent directly to the advertiser.
For landlords who do not need vacant possession, selling with the tenancy intact may be worth considering before starting the Ground 1A process.
Check mortgages and insurance
A planned sale can also affect wider financial arrangements.
Landlords should check:
- mortgage redemption conditions;
- early repayment charges;
- insurance requirements if the property becomes empty;
- unoccupied-property conditions; and
- any superior lease restrictions.
A vacant property can present different insurance risks from an occupied rental property, so cover should not simply be assumed to continue unchanged.
How does the position differ elsewhere in the UK?
Ground 1A applies to England.
Wales uses occupation contracts and has its own possession procedures.
Scotland uses the Private Residential Tenancy system and separate statutory eviction grounds.
Northern Ireland also operates under its own private-tenancy and notice rules.
Landlords should therefore follow the procedure applicable to the nation where the property is located.
Plan the sale before serving notice
The safest approach is to decide the sales strategy before starting possession proceedings.
Ask:
- Do I genuinely intend to sell?
- Could I sell with the tenant remaining?
- Has the protected period expired?
- Have I allowed enough time for notice and possible court proceedings?
- Can I evidence my intention to sell?
- Am I prepared for the restriction on re-letting afterwards?
Ground 1A provides landlords with a route to vacant possession, but it is not designed as a convenient way to replace one tenant with another.
NetRent’s Landlord Legal Updates will continue to explain important changes affecting landlords, letting agents and tenants across the UK.
NetRent also supports landlords with landlord insurance, mortgages and property sales.
Telephone: 01352 721300
Email: support@netrent.co.uk
Important information
NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.