Can a landlord evict a tenant to sell the property?
A landlord can seek possession to sell the property where Ground 1A applies and the landlord genuinely intends to place the property on the open market. The ground cannot be used simply as a convenient way to end a tenancy for another reason.
If you are asking, “can I evict my tenant to sell the property in the UK?”, the key point is that you must meet the statutory requirements before serving notice. This includes waiting until the tenancy has been in place for the required period and giving the tenant the correct notice.
If the tenant does not leave voluntarily once the notice expires, you must continue through the legal process rather than attempting to remove them yourself.
What is Ground 1A?
Ground 1A is a mandatory possession ground used where a landlord intends to sell the property. If the landlord proves that the requirements are met and the notice has been served correctly, the court must grant possession.
The landlord must genuinely intend to sell. Evidence may therefore be important if the landlord’s intention to sell is disputed.
For landlords, Ground 1A provides a clear route to recover possession before selling, but only where the legal requirements are satisfied.
Ground 1A cannot be used for assured tenancies created before 1 May 2026 that were not assured shorthold tenancies, and most social landlords cannot rely on it. This guide covers England only; Wales and Scotland have separate possession rules.
When can you serve notice under Ground 1A?
Ground 1A cannot require possession during the first 12 months of a new tenancy. A notice can be served during that period, but GOV.UK guidance confirms that it cannot expire before the 12-month protected period has ended.
This makes the tenancy start date particularly important. Before taking action, landlords should check the tenancy agreement and confirm when the tenancy began. An incorrectly timed notice could undermine the possession claim and delay the sale.
Where there have been changes to the tenancy arrangements, it is sensible to review the tenancy history before deciding when to serve notice.
It is also worth checking your wider compliance before serving notice. The court may be unable to make a possession order if the tenancy deposit was not protected in a government-approved scheme and, once landlord registration on the new Private Rented Sector Database becomes compulsory in your area (a regional roll-out is planned from December 2026, subject to the regulations being approved by Parliament), a court will not be able to make a possession order under Ground 1A unless the landlord has an active database entry.
How much notice must a landlord give if they want to sell?
A landlord using Ground 1A must give the tenant four months’ notice before applying to the court for possession.
The tenant remains entitled to occupy the property throughout the notice period. A landlord cannot demand vacant possession before the notice expires simply because they want to sell.
The notice must be given on the prescribed Form 3A and completed and served correctly. Errors in the notice, dates or service can cause delays, particularly where the landlord is working towards a planned sale timetable. For that reason, it is important to check the correct procedure before taking action.
What happens if the tenant does not leave after the notice expires?
If the notice period expires and the tenant remains in the property, the landlord must apply to the court for a standard possession order.
The court process allows the landlord to show that Ground 1A applies and that they genuinely intend to sell the property. The tenant may also challenge the claim, including where they believe the stated intention to sell is not genuine.
If the court grants possession but the tenant still does not leave by the possession date, the landlord will need to use the appropriate enforcement process. This may include applying for a warrant for possession.
In some cases, the court may also give permission to transfer the possession order to the High Court, so that a High Court Enforcement Officer can carry out the eviction. This is often quicker than waiting for a County Court bailiff.
A landlord cannot physically remove the tenant, change the locks or otherwise force them out without following the legal process. Doing so may amount to illegal eviction.
What evidence may a landlord need to prove they intend to sell?
Because Ground 1A depends on a genuine intention to sell, landlords should keep evidence showing that the proposed sale is real.
Depending on the circumstances, useful evidence may include:
- Instructions given to an estate agent
- Property valuations or marketing preparations
- Correspondence relating to the proposed sale
- Financial or professional documents supporting the decision to sell
There is no single document that will necessarily determine the outcome. The evidence should support the landlord’s stated intention and be consistent with the steps they are taking to sell the property.
Can you sell a property with a sitting tenant instead?
A landlord does not always need vacant possession before selling a property. It is possible to sell a tenanted property with a sitting tenant remaining in occupation.
In that situation, the new owner takes on the existing tenancy agreement and becomes the new landlord. This can appeal to investment buyers because the property may continue producing immediate rental income after the sale.
However, selling with a sitting tenant may reduce the pool of potential buyers, particularly where owner occupiers are unlikely to consider the property. Landlords should therefore weigh the benefits of maintaining rental income against the potential advantages of selling with vacant possession.
Can a tenant refuse access for viewings?
A tenancy agreement may contain provisions allowing access for viewings, but landlords should still respect the tenant’s right to peaceful enjoyment of the property.
Reasonable notice should be given before arranging viewings. A landlord should not assume that they can enter the property without agreement simply because they intend to sell.
If a tenant refuses access, avoid forcing entry. Review the tenancy agreement and seek guidance on the most appropriate way to manage the situation. AST Assistance also provides guidance where a tenant refuses access for inspections.
What restrictions apply after possession under Ground 1A?
The Ground 1A process is intended for genuine sales. Once possession has been recovered on this basis, the landlord cannot simply re-let the property straight away.
The Renters’ Rights Act 2025 restricts re-letting and marketing to let during the relevant 12-month restricted period after Ground 1A has been relied upon, subject to limited exceptions. This is another reason why landlords should only rely on Ground 1A where they genuinely intend to sell the property.
The restricted period runs from when the notice is served until 12 months after the date the notice gives as the earliest date court proceedings can begin. With a four-month notice, that can mean around 16 months in total. Letting or marketing the property to let during this period can lead to a council penalty of up to £7,000, and more serious breaches can be
prosecuted or attract a penalty of up to £40,000.
Using the ground without a genuine intention to sell may expose the landlord to challenge and create further legal difficulties.
How can AST Assistance help with a Ground 1A eviction?
Ground 1A gives landlords a route to recover possession before selling, but the notice and court process must be handled correctly.
AST Assistance works exclusively with landlords and can help you assess whether Ground 1A applies, review the tenancy agreement and tenancy start date, prepare and serve proper notice and advise on the evidence needed to support your intention to sell. Our wider Section 8 eviction services support landlords across the possession process.
If the tenant remains after the notice period expires, AST Assistance also guides you through the possession and enforcement process and instructs trusted independent solicitors where formal court proceedings are required.
To discuss recovering possession before selling your property, call AST Assistance on 01706 619954 or complete our online contact form and a team member will be in touch as soon as possible.
Ground 1A FAQs
Can I evict my tenant if I want to sell?
Yes, provided Ground 1A applies and you genuinely intend to sell the property. You must wait until the qualifying period has passed, serve the correct notice and follow the court process if the tenant does not leave.
How much notice do I have to give tenants if I want to sell?
Ground 1A requires four months’ notice before a landlord can apply to the court for possession.
What should I do if the tenant will not move out?
If the tenant remains after the notice expires, you must apply for a possession order. You cannot remove the tenant yourself or change the locks.
Can I sell with a sitting tenant?
Yes. You can sell the property with the tenant remaining in occupation. The buyer will take on the existing tenancy agreement as the new landlord.
Can I use Ground 1A during the first year of the tenancy?
Ground 1A cannot require possession within the first 12 months of the tenancy. A notice may be served from month eight onwards, but it must not expire until the protected period has ended, so landlords must check the tenancy start date carefully.
