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Landlord guide

Section 21 is gone. Here’s how Grounds 1 and 1A actually work.

If you need possession to move in or to sell, this is the ground you’ll use — and the four rules that determine whether it holds up.

Manna Living Group7 min readUpdated September 2026

Section 21 notices were abolished on 1 May 2026. If you want possession now and the tenant hasn’t done anything wrong, you can no longer just give two months’ notice and walk away — you need a Section 8 ground, stated and, where challenged, evidenced. For the two most common landlord situations — moving back in, or selling — that means Ground 1 and Ground 1A.

Ground 1

You use this when you or a close family member intend to move into the property yourselves.

  • Applies to: landlord or close family occupation
  • Notice: 4 months
  • Mandatory ground — the court must grant possession if the criteria are met

Ground 1A

You use this when you intend to sell the property, with vacant possession, rather than let it again.

  • Applies to: sale of the property
  • Notice: 4 months
  • Mandatory ground — same standing as Ground 1

The four rules that apply to both

  1. Four months’ notice, minimum. That’s roughly double what a Section 21 notice used to require — build it into your timeline if you’re planning a sale or a move.
  2. Can’t be used in the first 12 months of a tenancy. If you’ve just let a property, neither ground is available to you for a full year — a direct response to landlords using short lets as a way to churn tenants.
  3. Twelve-month re-letting restriction. If you regain possession under Ground 1 or 1A, you can’t re-let the property for 12 months afterward. Genuinely move in, or genuinely sell — putting it straight back on the rental market is what the restriction exists to catch.
  4. Intent has to be genuine, and increasingly, documented. Courts can and do scrutinise these claims. Keep the paper trail — estate agent instructions if you’re selling, evidence of the family member’s current address if they’re moving in.
Where landlords get caught out

Re-letting within the 12-month restriction is the single most common way this goes wrong — it's also the easiest for a council or a former tenant to spot and report, since the property simply reappears on Rightmove. If your circumstances change and you decide not to sell or move in after all, that's not automatically a problem, but be able to explain why, and don't advertise the property for let inside the restricted window.

What else changed alongside these grounds

The rent arrears ground (still the most-used ground overall) now requires three months’ unpaid rent, up from two. A new Ground 4A was introduced specifically to let student housing providers recover possession for the new academic year on a predictable annual cycle. For the fuller picture of everything that changed — periodic tenancies, the new rent increase process, pets, and what’s still rolling out — see our Renters’ Rights Act overview.

This is general information, not legal advice, and every possession case turns on its specific facts. If you’re about to serve a Ground 1 or 1A notice, it’s worth getting the notice itself checked by a solicitor or the NRLA before you send it — a defective notice can cost you the four months you just gave up.

Fewer reasons to need Ground 1A at all

Manna Living’s annual reward gives good tenants a financial reason to stay and take care of the property — so you spend less time thinking about possession in the first place.

Join the waitlist →