Ending a tenancy
Do not re-let or re-market for 12 months after using Ground 1 or 1A
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.
- Status
- In force since 1 May 2026
- Penalty
- Civil penalty up to £40,000, Criminal offence, Rent repayment
- Topic
- Ending a tenancy
Who it applies to
A landlord or agent has relied on Ground 1 or 1A for a private assured tenancy.
What you must do
During the restricted period (from service of the notice until the end of 12 months beginning with the earliest proceedings date stated in it, or 12 months from filing a claim if no notice) do not grant a tenancy of 21 years or less, allow paid occupation under a licence, or market the property for either, or authorise anyone else to. Exceptions: you or the qualifying family member moves in (Ground 1); a licensee buying or taking a 21-year-plus lease (Ground 1A); certain shared-owner cases; and the period ends early if the court orders possession on another ground.
- Deadline
After serving notice
Runs from service until the end of 12 months beginning with the earliest-proceedings date in the notice (HA 1988 s.16M(4)).
Evidence to keep
- Copy of the Ground 1/1A notice and dates
- Records showing no lettings or adverts during the restricted period
- Evidence of sale or occupation by the landlord or family
If you do not comply
- Civil penalty
- Up to £40,000
- Criminal offence
- Yes, you can be prosecuted
- Rent repayment
- A rent repayment order can be made
- Other consequences
- Offence under HA 1988 s.16J(2) (unlimited fine; agents have an all-reasonable-steps defence) or council civil penalty of up to £40,000 instead (s.16K). Rent repayment order of up to 2 years' rent (HPA 2016 s.40 row 2B).
The law
- Renters' Rights Act 2025, s.13 (inserts HA 1988 ss.16E(2)-(4), 16F, 16G: letting and marketing restrictions and exceptions)legislation.gov.uk
- Renters' Rights Act 2025, s.17 (inserts HA 1988 s.16M: restricted period)legislation.gov.uk
- Renters' Rights Act 2025, s.15 (inserts HA 1988 ss.16J-16K)legislation.gov.uk
- Renters' Rights Act 2025, s.98 (rent repayment orders: row 2B)legislation.gov.uk
Official guidance
Notes
Advertising platforms that only host adverts supplied by others are not caught (s.16G(3)).
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.
- Grounds 1 and 1A (move in or sell): not in the first 12 months, 4 months' noticeIn force since 1 May 2026
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.
- 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.