Selling a rented property: ground 1A and the 12-month re-letting ban
To end a tenancy so you can sell, you serve a section 8 notice using ground 1A and give at least 4 months’ notice. You cannot use it in the first 12 months of a tenancy (GOV.UK guide to the Renters’ Rights Act). Once you serve the notice, you cannot re-let the property, or market it to let, until 12 months after the earliest court date in your notice. That applies even if the sale falls through (Housing Act 1988, s.16E, s.16M).
When can a landlord use the selling ground?
- You must intend to sell. Ground 1A is for a landlord who wants to sell the property (GOV.UK: ending a tenancy).
- Not in the first 12 months. You cannot use the selling or moving-in grounds in the first 12 months of a tenancy (GOV.UK).
- 4 months’ notice. The notice must give the tenant at least 4 months (GOV.UK).
- Be ready to show it’s genuine. GOV.UK gives instructing an estate agent and a solicitor as examples of evidence that you are selling (GOV.UK guide, questions section).
If the tenant stays after the notice ends, you must apply to court. Removing tenants yourself is illegal eviction (GOV.UK).
When does the 12-month re-letting ban start and end?
The law calls it the “restricted period”. If you rely on ground 1A in a section 8 notice, it:
- starts on the date you serve the notice, and
- ends on the last day of the 12 months beginning with the date in the notice as the earliest date court proceedings can start (Housing Act 1988, s.16M(4)).
So with the minimum 4 months’ notice, the ban lasts about 16 months from the day you serve the notice:
| Date | What it means |
|---|---|
| 1 November 2026 | You serve the notice. The ban on re-letting and marketing to let starts today. |
| 1 March 2027 | The earliest date for court proceedings given in the notice, after 4 months’ notice. |
| 29 February 2028 | The ban ends: the last day of the 12 months beginning with 1 March 2027. |
If you go straight to court on ground 1A without a notice, the ban is the 12 months from the date you file the claim. If the court gives possession on a different ground before the ban ends, the ban ends that day (s.16M(4) and (7)).
What does the ban stop you doing?
During the restricted period, you must not (Housing Act 1988, s.16E(2) and (3)):
- let the property on a tenancy of 21 years or less,
- let someone live there for payment under a licence to occupy, or
- advertise it to let, or ask an agent to.
The ban keeps applying “whether or not the tenancy continues during that period” (s.16E(4)). It is tied to the notice, not to whether the sale completes.
There are narrow exceptions, for example a licence to a buyer who has agreed to buy and moves in ahead of completion, and some shared ownership cases (s.16F).
What if the sale falls through?
The ban still applies. You can keep trying to sell, but you cannot re-let or advertise the property to let until the restricted period ends (s.16E(4)). Before you serve notice, think about:
- Marketing first. Instruct your agent and solicitor, and see what interest there is, before you serve notice.
- Selling with the tenants in. Some buyers, often other landlords, want a property that is already let. You don’t need to serve notice, so the ban never starts. The price may be lower, so ask your agent.
- The costs of an empty property. If the property sits empty, you still pay the mortgage, insurance and bills. For tax questions, such as capital gains, ask an accountant.
What are the penalties for re-letting too soon?
Re-letting or marketing the property to let during the restricted period is a criminal offence, punishable by a fine (Housing Act 1988, s.16J). Instead of prosecuting, the council can give a financial penalty of up to £40,000 (s.16K).
Using a ground when you know you couldn’t get possession on it is also an offence if the tenant then leaves without a court order (s.16J(1)).