Lettings
Section 8 grounds 1 and 1A: what HMO landlords must know
Section 8 grounds 1 and 1A: what HMO landlords must know
Section 8 grounds 1 and 1A: what HMO landlords must know
Section 8 grounds 1 and 1A: what HMO landlords must know

James Morton
James Morton covers HMO licensing, council regulations, and multi-let compliance for Property Filter. Former letting agent, now full-time HMO investor.

THE PROPERTY FILTER TAKE
The Renters' Rights Act 2024 restructures Section 8 grounds 1 and 1A in England: notice periods double to four months and a 12-month re-let ban applies after possession.
HMO landlords face compounded risk - any room or property reclaimed under these grounds cannot be re-let or licensed (including as a short-term let) for 12 months, which may conflict with existing HMO licence conditions on occupancy.
You may wish to speak to your solicitor before serving any Ground 1 or 1A notice, and check your HMO licence conditions for continuous occupation requirements before the changes take effect on 1 May 2026.
From 1 May 2026, the Renters' Rights Act 2024 (the Act that abolishes no-fault Section 21 evictions in England) also reshapes the two Section 8 grounds landlords rely on when they want to sell or move back in. Ground 1 covers reclaiming a property for personal or family occupation. Ground 1A is the new mandatory ground for landlords who want to sell. For HMO operators, this matters more than most.
The new timing rules
The first twelve months of any tenancy are protected. A landlord cannot serve notice under Ground 1 or Ground 1A within the first 12 months of a tenancy. No exception exists for that period, save for rare cases like compulsory purchase orders. That one rule changes how you time acquisitions and plan exits.
Notice periods have doubled. The old requirement under these grounds was two months. Under the Renters' Rights Act 2024, landlords must now give four months' notice before that notice expires, according to Property Industry Eye (April 2026). For HMO landlords managing multiple tenancies across a single property, a four-month runway is a meaningful delay when you are trying to move on a sale.
The re-let ban and what it means for licensed HMOs
The re-let ban is the sting in the tail. Once a tenant leaves under Ground 1 or Ground 1A, the property cannot be re-let or licensed for any purpose - including short-term holiday lets - for 12 months after the tenant moves out, as reported by Property Industry Eye (April 2026). Breach that restriction and you face a criminal offence. The Act sets potential fines reaching tens of thousands of pounds.
That restriction hits HMO (House in Multiple Occupation) operators harder than single-let landlords. If you manage a licensed HMO and one room or the whole property is reclaimed via these grounds, check your licence conditions. Some councils tie licence compliance to continuous occupation requirements. A 12-month void may trigger a condition breach or affect your licence renewal. The council does not care whether the void was caused by the Act - you are still responsible for compliance.
Ground 1A: proving genuine intent to sell
Ground 1A requires genuine intent to sell, not just a stated intention. Courts will expect evidence of an active sales process when the notice expires: an estate agent instruction, a live listing, or a buyer pipeline. A bare notice citing intention to sell, with no steps taken, risks being refused. Instruct your agent before you serve notice, not after.
Ground 1 has also expanded its qualifying list. Landlords can now reclaim a property for themselves, a spouse or civil partner, parents, children, grandchildren, siblings, and half-blood relations. The intent must still be genuine. Judges will want written evidence of the move-in plan before granting possession.
Check your licence, check your tenancy start dates, and check your notice timelines before 1 May 2026. You may wish to speak to your solicitor before serving any Section 8 notice under these grounds in England.
From 1 May 2026, the Renters' Rights Act 2024 (the Act that abolishes no-fault Section 21 evictions in England) also reshapes the two Section 8 grounds landlords rely on when they want to sell or move back in. Ground 1 covers reclaiming a property for personal or family occupation. Ground 1A is the new mandatory ground for landlords who want to sell. For HMO operators, this matters more than most.
The new timing rules
The first twelve months of any tenancy are protected. A landlord cannot serve notice under Ground 1 or Ground 1A within the first 12 months of a tenancy. No exception exists for that period, save for rare cases like compulsory purchase orders. That one rule changes how you time acquisitions and plan exits.
Notice periods have doubled. The old requirement under these grounds was two months. Under the Renters' Rights Act 2024, landlords must now give four months' notice before that notice expires, according to Property Industry Eye (April 2026). For HMO landlords managing multiple tenancies across a single property, a four-month runway is a meaningful delay when you are trying to move on a sale.
The re-let ban and what it means for licensed HMOs
The re-let ban is the sting in the tail. Once a tenant leaves under Ground 1 or Ground 1A, the property cannot be re-let or licensed for any purpose - including short-term holiday lets - for 12 months after the tenant moves out, as reported by Property Industry Eye (April 2026). Breach that restriction and you face a criminal offence. The Act sets potential fines reaching tens of thousands of pounds.
That restriction hits HMO (House in Multiple Occupation) operators harder than single-let landlords. If you manage a licensed HMO and one room or the whole property is reclaimed via these grounds, check your licence conditions. Some councils tie licence compliance to continuous occupation requirements. A 12-month void may trigger a condition breach or affect your licence renewal. The council does not care whether the void was caused by the Act - you are still responsible for compliance.
Ground 1A: proving genuine intent to sell
Ground 1A requires genuine intent to sell, not just a stated intention. Courts will expect evidence of an active sales process when the notice expires: an estate agent instruction, a live listing, or a buyer pipeline. A bare notice citing intention to sell, with no steps taken, risks being refused. Instruct your agent before you serve notice, not after.
Ground 1 has also expanded its qualifying list. Landlords can now reclaim a property for themselves, a spouse or civil partner, parents, children, grandchildren, siblings, and half-blood relations. The intent must still be genuine. Judges will want written evidence of the move-in plan before granting possession.
Check your licence, check your tenancy start dates, and check your notice timelines before 1 May 2026. You may wish to speak to your solicitor before serving any Section 8 notice under these grounds in England.
SOURCES
This article is for informational purposes only and does not constitute financial, legal, or tax advice. Always consult a qualified professional before making investment decisions.
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