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Risk Centre · After possession
Why you can't just re-let the next day.
Here is the rule that surprises landlords most. If you recover possession using Ground 1 (moving in) or Ground 1A (selling), you cannot then re-let or re-market the property as a rental for 12 months. The grounds exist for occupation or sale — not as a faster route to a new tenant on better terms.
It's a sensible rule with a sharp edge: if your plans change after you've recovered possession, you're not free to reverse course immediately. Knowing this before you serve notice is the whole game.
- Applies after
- Ground 1 (own use) or Ground 1A (sale)
- Length
- 12 months from the possession date in the notice
- Covers
- Re-letting AND re-marketing to let
- Breach
- Civil penalty / offence — see Penalties
What the restriction covers
The 12-month restriction isn't only about signing a new tenancy. It also covers re-marketing the property to let — advertising it, listing it, or instructing an agent to find a tenant. Both the letting and the marketing are restricted for the full period.
The clock runs from the date you required possession in the notice, not the date the tenant actually left. So a delayed departure doesn't extend your runway — if anything it shortens the gap before the restriction lifts.
When it bites
- Sale falls through
- You recovered possession on Ground 1A to sell, the sale collapses, and you'd like to re-let to cover the mortgage. The restriction means you can't — not for 12 months.
- Plans change after moving in
- You recovered the property on Ground 1 for family use, circumstances shift, and you want to put it back on the rental market. The same 12-month window applies.
- A quick turnaround for a new tenant
- Using these grounds to end one tenancy and start another on better terms is exactly what the restriction is designed to prevent.
The planning point
Because the restriction follows the ground, the time to think about it is before you serve notice — not after the tenant has gone. If there's a real chance your plans could change, that affects which ground (if any) you should use. We map this out before anything is served.
Other grounds, other rules
The 12-month restriction is tied specifically to Grounds 1 and 1A. Possession on other grounds — rent arrears (Ground 8 / 8A), serious anti-social behaviour, redevelopment — doesn't carry the same re-letting bar, though each has its own procedure and notice period.
That distinction matters: choosing the right ground for your actual situation can be the difference between keeping your options open and locking the property out of the rental market for a year.
Downloadable checklist
Before you serve a Ground 1 or 1A notice
The re-letting restriction is easiest to manage when you've planned for it.
Email me the full guide- 01
Confirm the ground genuinely matches your intention (occupation or sale)
- 02
Accept that re-letting and re-marketing are both off the table for 12 months
- 03
Note the clock runs from the possession date in the notice, not the move-out date
- 04
Stress-test the plan: what happens if the sale or the move-in falls through?
- 05
If your plans are genuinely uncertain, take advice before serving anything
- 06
Keep records that evidence your genuine intention at the point of serving notice
Common questions
Frequently asked
questions.
Specific situation not covered? Call us on 01892 533367 — Mike (MARLA · FNAEA) handles complex compliance directly.
How long can't I re-let after using Ground 1 or 1A?
Twelve months. After recovering possession on Ground 1 (moving in) or Ground 1A (selling), you cannot re-let or re-market the property as a rental for 12 months. The period runs from the date you required possession in the notice, not the date the tenant actually moved out.
Does the restriction stop me marketing the property, or just letting it?
Both. The restriction covers re-letting and re-marketing to let — that includes advertising the property, listing it, or instructing an agent to find a tenant. For the full 12 months, the property is effectively out of the rental market.
What if my sale falls through — can I re-let to cover the mortgage?
Not for 12 months, if you recovered possession on Ground 1A. This is the trap that catches landlords who treat possession and sale as separate steps. It's why we plan the sale and the possession together, and why, if a sale looks uncertain, selling with the tenant in situ may be the safer route. Talk to us before you serve notice.
Do all possession grounds carry a re-letting restriction?
No — the 12-month restriction is specific to Grounds 1 and 1A. Possession on other grounds, such as rent arrears or anti-social behaviour, doesn't carry the same bar, though each ground has its own notice period and procedure. Choosing the ground that genuinely fits your situation is part of keeping your options open.
Explore the Risk Centre
Keep reading on the topics that affect you.
Selling (Ground 1A)
Sell with the tenant in situ, or use Ground 1A for vacant possession — the trade-offs and the timing.
Moving back in (Ground 1)
Recover your property for yourself or close family — who qualifies, the notice, and the 12-month rules.
Penalties & fines
Civil penalties, rent repayment orders and the offences that turn a paperwork slip into a five-figure bill.
A note
This page is general guidance for landlords, not legal advice. Specific circumstances vary, and commencement dates of individual Renters' Rights Act provisions can change through statutory instruments. Confirm any specific decision with your solicitor — or talk to us, and we'll route you to a specialist housing solicitor where it matters.
Possession plans?
Don't lock your property out by accident.
The re-letting restriction is one of the easiest rules to fall foul of and one of the easiest to plan around. A short conversation before you serve anything is the cheapest insurance there is.