The re-letting restriction after Ground 1 or 1A

Grounds 1 and 1A cover the landlord or their family moving in, and the landlord selling. When a notice relying on either is served, a period begins in which the property is not to be let again.

Who this is for: letting agencies, landlords and tenants.

Properties locked under section 16E.

What you are deciding

Whether to rely on Ground 1 or 1A, knowing the property cannot then be let again for a time.

Your options

• Serve on Ground 1 or 1A. The property shows a restriction that ends twelve months after the date given in the notice for the start of proceedings. A new tenancy cannot be added to it meanwhile.
• An exception applies. Record the exception on the property with a written note of the reason. The restriction is shown as having an exception.
• Rely on another ground. No re-letting restriction is recorded.

How to do it

1. Record service of the notice. The property then shows the restriction with its start and end dates.
2. If an exception applies, open the property and record it, with a written note of the reason.
3. You are reminded before the restriction ends.

A worked example

A notice on Ground 1A is served by hand on Monday 2 August 2027 and gives Thursday 2 December 2027 as the earliest date for proceedings. The property shows a re-letting restriction to Saturday 2 December 2028. The sale falls through in March 2028. The landlord cannot add a new tenancy to the property in Abide.Rent until the restriction ends, unless an exception is recorded with its reason.

What Abide.Rent does for you

• Shows the restriction and its dates on the property.
• Stops a new tenancy being added while the restriction is active.
• Keeps the restriction with the property if it moves to a different agent.
• Works out the dates from the notice. Whether an exception applies to your circumstances is a matter for advice.

If something goes wrong

• A new tenancy is refused
  What to do: The property is recorded as not to be re-let until the date shown after a Ground 1 or 1A notice.

Common mistakes

• Choosing Ground 1A to keep options open. The restriction follows from serving on it.
• Recording an exception without a reason.

What to do next

• See your properties
• Section 8 grounds and notice periods
• The twelve-month protected period