Should you sell with the tenant in place, or empty?
| Sell with the tenant in place | Sell empty, using Ground 1A | |
|---|---|---|
| Notice to the tenant | None | At least four months |
| Earliest timing | Any time | The date in the notice must be at least 12 months after the tenancy began |
| The tenancy | Carries on with the buyer as landlord | Ends only if the tenant leaves or the court orders possession |
| Rent review dates | The 52 weeks run on from the last increase | Not relevant once the tenancy ends |
| Re-letting | No restriction | No letting or marketing to let until 12 months after the date in the notice |
When can you serve a Ground 1A notice?
Ground 1A applies where the landlord intends to sell. The current tenancy must have begun at least a year before the “relevant date”, which for this ground is the date given in the notice (Housing Act 1988, Schedule 2, Ground 1A and Part 5). The notice period is four months, starting with the day of service (section 8(4AA)). So you can serve before month 12, as long as the date in the notice is late enough.
| Step | Date |
|---|---|
| Tenancy began | Wednesday 1 July 2026 |
| Notice served by hand | Monday 1 March 2027 |
| Four months from service end | Wednesday 30 June 2027 |
| Date given in the notice | Thursday 1 July 2027, 12 months after the tenancy began |
| Re-letting restriction | Monday 1 March 2027 to Friday 30 June 2028 |
Served earlier, say on Monday 1 February 2027, the notice still cannot give a date before 1 July 2027. Serving early gains nothing and starts the re-letting restriction sooner. Work out your own dates with the Ground 1 and 1A notice date calculator.
What does the re-letting restriction cover?
Once a landlord relies on Ground 1A, the home must not be let on a tenancy of 21 years or less, or occupied under a paid licence, during the restricted period. Nobody may market it to let in that time, or authorise someone else to (section 16E). The period runs from service of the notice to the end of 12 months beginning with the date in the notice (section 16M). It keeps running whether or not the tenancy continues.
There are exceptions (section 16F). For Ground 1A they include a licence to occupy granted to the person who has agreed to buy, in anticipation of the purchase. Read the re-letting restriction after Ground 1 or 1A.
What happens to rent reviews when the property sells with the tenant?
Nothing restarts. The next increase cannot take effect until 52 weeks after the last one took effect (section 13(2)). Say the last increase took effect on Tuesday 1 September 2026 and the sale completes on Friday 15 January 2027. The buyer’s first increase still cannot start before Tuesday 31 August 2027.
Does the PRS Database affect a Ground 1A notice?
Yes, once registration applies to the property. The government says landlords who have not registered will be prevented from gaining possession, except on anti-social behaviour grounds (GOV.UK guide to the Renters’ Rights Act). See PRS Database readiness.
What does Abide.Rent do?
- Selling with the tenant. Record the sale: the tenancy, notices and rent history stay on the property, with the date of the last increase. Read selling a property.
- Sharing the file. A read-only link for the buyer or solicitor, ending on a date you choose, up to 90 days. See one shared record.
- Selling empty. Each tenancy shows its 12-month date. Abide.Rent builds the Section 8 notice from the tenancy, records how and when it was served, and puts the re-letting restriction on the property. See the possession tracker and the twelve-month protected period.