Ending a tenancy
Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' notice
You can recover possession to live in the property (or house close family) or to sell it, but the date in the notice must be at least a year after the tenancy began and you must give 4 months' notice.
- Status
- In force since 1 May 2026
- Penalty
- See below
- Topic
- Ending a tenancy
Who it applies to
A private landlord wants possession because they or a qualifying family member will live in the property (Ground 1) or because they intend to sell (Ground 1A).
What you must do
Use Ground 1 only where you require the home for yourself, your spouse/civil partner/cohabiting partner, or your (or your partner's) parent, grandparent, sibling, child or grandchild. Use Ground 1A only where you intend to sell (or grant a lease of more than 21 years). The current tenancy must have begun at least 1 year before the date specified in the notice (counting both days), and the notice period is at least 4 months; a notice may be served during the first year if its date falls after it. After relying on either ground, observe the 12-month no-relet and no-remarketing restriction.
- Deadline
After the start of the tenancy
The earliest-proceedings date in the notice must be at least 1 year after the tenancy began, counting both the start day and that date; the notice period is at least 4 months from service.
Evidence to keep
- Form 3A citing Ground 1 or 1A
- Evidence of intention (e.g. estate agent instruction for sale, evidence of family member's need)
If you do not comply
- Other consequences
- Notice or claim fails if conditions are not met; misuse can be a breach or offence (see section-8-notice-form-3a and possession-ground-misuse-offence).
The law
- Housing Act 1988, Schedule 2 Grounds 1 and 1A, as amendedlegislation.gov.uk
- Housing Act 1988, s.8(4AA) notice periodslegislation.gov.uk
- Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421)legislation.gov.uk
Official guidance
Notes
Ground 1A cannot be used for a 'legacy' assured tenancy entered into before 1 May 2026 that was not an assured shorthold tenancy (SI 2026/421 reg 5). Shared owners could disapply the re-let restriction for Ground 1A by notice; for pre-1 May 2026 tenancies that notice had to be given by 31 May 2026 (GOV.UK campaign page).
Other ending a tenancy rules
9 rules- Section 21 is abolished: never serve a section 21, notice to quit or informal eviction noticeIn force since 1 May 2026Fine up to £7,000
Section 21 'no fault' evictions ended for private tenancies on 1 May 2026. The only route is a section 8 notice on Form 3A with a valid ground. Serving anything else that purports to end the tenancy is a breach.
- Seek possession only by a section 8 notice on Form 3A with the correct notice periodIn force since 1 May 2026Fine up to £7,000
To end a tenancy you need a statutory ground, a section 8 notice on the current Form 3A giving at least the minimum notice for each ground, and then a court order. Court proceedings must start within 12 months of serving the notice.
- Offence: knowingly or recklessly using a possession ground that cannot succeedIn force since 1 May 2026Fine up to £40,000
If you rely on a possession ground knowing it would not succeed, or reckless as to that, and the tenant leaves within 4 months without a court order, you commit an offence.
- Give prior written notice before the tenancy for grounds that require itIn force since 1 May 2026Fine up to £7,000
Some possession grounds can only be used if you told the tenant in writing before the tenancy began that you might rely on them.
- Do not re-let or re-market for 12 months after using Ground 1 or 1AIn force since 1 May 2026Fine up to £40,000
After serving notice (or claiming) on Ground 1 or 1A, you cannot let the property, license it for money, or advertise it to let until 12 months after the earliest court date in the notice.
- Ground 8 mandatory rent arrears: 3 months or 13 weeks at notice and at hearingIn force since 1 May 2026
The mandatory rent arrears ground needs at least 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) owing both when the notice is served and at the hearing, with 4 weeks' notice.
- Anti-social behaviour: Grounds 7A and 14 allow immediate court proceedingsIn force since 1 May 2026
For serious anti-social or criminal behaviour you can use mandatory Ground 7A or discretionary Ground 14 and apply to court as soon as the notice is served.
- Ground 4A: student HMOs need prior written notice and 4 months' notice ending 1 June to 30 SeptemberIn force since 1 May 2026
If you let an HMO to full-time students and want it back for the next academic year, you must have told them in writing before signing and give 4 months' notice dated between 1 June and 30 September.
Evicting a tenant without a court order and enforcement, or harassing them to leave or stop exercising their rights, is a criminal offence. Councils can now fine up to £40,000.