12-Month Protected Period: Which Eviction Grounds Are Blocked and When
Under the Renters' Rights Act, landlords cannot use selling, moving-in, or redevelopment grounds for the first 12 months of a tenancy. Understand exactly which grounds are protected and which are available from day one.
The Latch Team
Editorial
The Renters' Rights Act 2025 introduces a 12-month protected period at the start of every new tenancy. During this window, landlords cannot use several of the most common possession grounds — including selling the property, moving in a family member, or carrying out major redevelopment. The rule is designed to give tenants a guaranteed minimum period of stability in their home, but it has significant planning implications for landlords who may need to recover possession within the first year.
Crucially, not all grounds are blocked. Rent arrears, anti-social behaviour, and several other fault-based grounds remain available from day one. Landlords who understand which grounds are restricted — and which are not — can plan tenancy start dates, sale timelines, and redevelopment schedules around the protected period without running into legal dead ends. Latch tracks the protected period automatically for every tenancy and alerts you the moment restricted grounds become available.
This guide explains exactly how the 12-month protected period works, lists every blocked and available ground in detail, walks through common planning scenarios, and answers the practical questions landlords are asking as 1 May 2026 approaches. For the full picture of the Renters' Rights Act, see our complete guide to the Renters' Rights Act 2026.
What Is the 12-Month Protected Period?
The 12-month protected period is a provision within the Renters' Rights Act 2025 that prevents landlords from using certain no-fault possession grounds during the first 12 months of a tenancy. It applies to all new assured tenancies created on or after 1 May 2026 in England.
The rationale is straightforward: tenants should be able to move into a property knowing they will have at least one year of security before the landlord can seek possession on grounds that have nothing to do with the tenant's behaviour. Without this protection, a landlord could theoretically grant a tenancy and then immediately serve notice to sell or move in — undermining the stability that the Act is designed to provide.
The protected period runs for exactly 12 calendar months from the tenancy start date. It does not matter when the tenant actually moves in — the clock starts on the contractual commencement date. Once the 12 months have elapsed, all grounds become available (subject to their individual notice period requirements).
The 12-month protected period applies only to new tenancies created from 1 May 2026. Existing tenancies that convert to periodic tenancies on that date are not subject to a fresh protected period — the original tenancy start date counts.
Which Grounds Are Blocked During the First 12 Months?
Three mandatory possession grounds are blocked during the protected period. These are all circumstances where the landlord wants to recover the property for a reason unrelated to tenant fault. The restriction ensures that tenants are not displaced for commercial or personal landlord decisions within the first year of occupancy.
| Ground | Description | Normal Notice Period | Earliest Possible Use |
|---|---|---|---|
| Ground 1 — Sale | Landlord intends to sell the property with vacant possession | 4 months | 12 months after tenancy start + 4 months notice = 16 months minimum |
| Ground 1A — Occupation | Landlord or close family member intends to live in the property | 4 months | 12 months after tenancy start + 4 months notice = 16 months minimum |
| Ground 6 — Redevelopment | Landlord intends to carry out substantial works that cannot be done with the tenant in situ | 4 months | 12 months after tenancy start + 4 months notice = 16 months minimum |
The practical effect is that a tenant is guaranteed at least 16 months of occupation before any of these grounds can result in a possession order — 12 months protected period plus 4 months notice. Factor this into every investment decision.
Ground 1 (sale) covers situations where the landlord wants to sell the property on the open market with vacant possession. If you are happy to sell with the tenant in place — a sale to another landlord-investor — this ground is not needed and the protected period is irrelevant.
Ground 1A (occupation) is a new ground introduced by the Renters' Rights Act. It allows a landlord, or a close family member, to recover the property to use as their own home. 'Close family member' is defined as a spouse, civil partner, parent, grandparent, child, grandchild, or sibling of the landlord.
Ground 6 (redevelopment) applies where the landlord intends to carry out substantial works — demolition, reconstruction, or major refurbishment — that cannot reasonably be carried out with the tenant living in the property. The landlord must demonstrate genuine intent and the inability to work around the tenancy.
Which Grounds Are Available from Day One?
The protected period does not prevent a landlord from seeking possession on fault-based or urgent grounds. These grounds exist to protect the landlord's legitimate interests — recovering unpaid rent, addressing criminal behaviour, or dealing with serious tenancy breaches. They are available immediately, from the first day of the tenancy.
| Ground | Type | Description | Notice Period |
|---|---|---|---|
| Ground 8 | Mandatory | Serious rent arrears — at least 3 months' arrears at notice date and hearing date | 4 weeks |
| Ground 10 | Discretionary | Some rent arrears (any amount at notice date) | 2 weeks |
| Ground 11 | Discretionary | Persistent late payment of rent | 2 months |
| Ground 12 | Discretionary | Breach of tenancy obligation (other than rent) | 2 months |
| Ground 13 | Discretionary | Deterioration of property or furniture due to tenant neglect | 2 months |
| Ground 14 | Mandatory/Discretionary | Anti-social behaviour, nuisance, or criminal conviction | 2 weeks (immediate in serious cases) |
| Ground 14A | Mandatory | Domestic abuse — perpetrator removed to protect victim | Immediate |
| Ground 17 | Mandatory | Tenant made a false statement to obtain the tenancy | 2 months |
This distinction is critical. If a tenant falls into serious rent arrears in month three, you do not have to wait 12 months to act. Ground 8 (mandatory, 3+ months' arrears) and Ground 10 (discretionary, any arrears) are both available immediately. Similarly, if a tenant is convicted of criminal behaviour or causes serious nuisance, Ground 14 allows you to seek possession without waiting for the protected period to expire.
The protected period protects tenants from no-fault removal, not from the consequences of their own actions. Rent arrears, anti-social behaviour, tenancy breaches, and false statements are all grounds that can be used from the first day.
Planning Around the Protected Period
The 12-month protected period means landlords must plan their timelines carefully. If you know you may need to sell, move in, or redevelop within the next two years, the start date of any new tenancy becomes a strategic decision.
Selling Scenario
You purchase a buy-to-let and let it immediately. The earliest you can serve a Ground 1 (sale) notice is 12 months after the tenancy starts. With 4 months' notice required, the tenant cannot be required to leave before 16 months. If you plan to sell within 2 years, consider this timeline before granting a tenancy.
16 months minimum to vacant possession
Occupation Scenario
You let a property but anticipate a family member needing to move in. Ground 1A (occupation) cannot be used in the first 12 months. If the family need is foreseeable, delay the tenancy start or plan alternative housing for the interim. The earliest move-in is 16 months from tenancy start.
Plan family housing needs in advance
Redevelopment Scenario
You acquire a property requiring major works and let it temporarily while planning permission is obtained. Ground 6 (redevelopment) is blocked for the first 12 months. If planning consent is likely within 12 months, do not grant a tenancy — the protected period will delay your project by at least 4 months beyond consent.
Do not let if works are imminent
In each scenario, the key principle is the same: if you can foresee a need to recover the property within 16 months, think very carefully before granting a new tenancy after 1 May 2026.
What If Circumstances Change During the 12 Months?
Life does not always go to plan. A landlord who intended to hold a property long-term might face an unexpected need to sell due to financial hardship, divorce, or a family emergency. Unfortunately, the protected period makes no exception for changed circumstances.
If you need to sell during the first 12 months, your options are limited to:
- Sell with the tenant in situ: The tenancy transfers to the new owner. This is viable for investor buyers but typically reduces the sale price by 10-20% compared to vacant possession.
- Negotiate a voluntary surrender: The tenant may agree to leave voluntarily, potentially in exchange for a financial incentive (a 'cash for keys' arrangement). There is no obligation on the tenant to agree.
- Wait for the protected period to end: Serve a Ground 1 notice as soon as the 12 months expire, giving 4 months' notice. The tenant would leave at month 16 at the earliest.
There is no hardship exemption to the 12-month protected period. Even if you face genuine financial difficulty, you cannot use Ground 1, 1A, or 6 during the first 12 months. Plan accordingly.
For landlords who are concerned about unexpected changes, this reinforces the importance of financial planning and adequate reserves. The inability to quickly recover a property in the first year is a new constraint that must be factored into investment decisions.
Multiple Tenancies and How the Clock Works
The 12-month protected period applies per tenancy, not per property. This distinction matters in several common scenarios:
Successive Tenancies to Different Tenants
If Tenant A vacates and you grant a new tenancy to Tenant B, the 12-month clock resets from Tenant B's tenancy start date. Each new tenancy triggers its own protected period. You cannot 'bank' time from a previous tenancy.
Joint Tenancies Where One Tenant Leaves
If a joint tenancy continues with one tenant departing and the remaining tenant staying, the tenancy itself has not ended — it continues. The original start date applies and the protected period is not reset. However, if the entire joint tenancy is surrendered and a new tenancy is granted to the remaining occupant, the clock resets.
Existing Tenancies Converting on 1 May 2026
Existing assured shorthold tenancies that convert to periodic tenancies on 1 May 2026 are not treated as new tenancies for the purpose of the protected period. The original tenancy start date is used. If you have had a tenant for 3 years, you do not face a new 12-month restriction on 1 May 2026.
| Scenario | Protected Period Start Date | Grounds 1/1A/6 Available From |
|---|---|---|
| New tenancy granted 1 June 2026 | 1 June 2026 | 1 June 2027 |
| Existing tenancy (started Jan 2024) converts to periodic | January 2024 (original date) | Immediately (already past 12 months) |
| Tenant A leaves, Tenant B starts new tenancy 1 August 2026 | 1 August 2026 | 1 August 2027 |
| Joint tenant leaves, remaining tenant stays on same tenancy | Original tenancy start date | Depends on original start date |
| Tenancy surrendered and re-granted to same tenant | Date of new tenancy | 12 months from new tenancy date |
The court will look at substance over form. If a tenancy is ended and immediately re-granted to the same tenant purely to reset the protected period, a tribunal may treat it as a continuation of the original tenancy. Do not attempt to manipulate the clock.
Practical Timeline: From Tenancy Start to Full Ground Availability
This timeline assumes a new tenancy starting on 1 June 2026 and maps out when each category of grounds becomes available, including the notice periods required.
| Date | Month | What Happens |
|---|---|---|
| 1 June 2026 | Month 0 | Tenancy starts. Protected period begins. Fault-based grounds (8, 10, 11, 12, 13, 14, 14A, 17) available immediately. |
| 1 June 2026 onwards | Months 1-11 | Grounds 1, 1A, and 6 are blocked. All fault-based grounds remain available throughout. |
| 1 June 2027 | Month 12 | Protected period ends. Ground 1 (sale), Ground 1A (occupation), and Ground 6 (redevelopment) become available. Landlord can serve 4-month notice. |
| 1 October 2027 | Month 16 | 4-month notice period expires (earliest if served on 1 June 2027). Landlord can apply to court for possession order. |
| Late 2027 / Early 2028 | Month 18-20 | Realistic possession date after court processing time. Allow 2-4 months for court proceedings in contested cases. |
The timeline makes clear that landlords should plan for a minimum of 16 months — and realistically 18-20 months — from tenancy start to actual vacant possession when using Grounds 1, 1A, or 6. This is a fundamental change from the pre-2026 regime where a Section 21 notice could deliver possession in as little as 4-6 months.
For more on how tenancy notice periods work under the new periodic-only system, see our tenant notice guide for periodic tenancies. For the full Section 8 grounds reference, see new Section 8 eviction grounds 2026.
How Latch Tracks the Protected Period
Latch automatically calculates the 12-month protected period for every tenancy in your portfolio. From the moment you create a tenancy record, the platform tracks which grounds are currently available and which are still restricted.
- Automatic protected period calculation from tenancy start date
- Dashboard indicator showing days remaining in the protected period
- Alert when the protected period ends and Grounds 1, 1A, and 6 become available
- Ground-by-ground availability checker — see which grounds you can use right now
- Notice period calculator — enter the ground and get the earliest valid service date
- Timeline view showing the path from notice to possession for each ground
No more manual date calculations or guesswork. Latch tells you exactly where each tenancy stands, what grounds are available, and when restricted grounds unlock. For landlords managing multiple properties, this eliminates the risk of serving an invalid notice during the protected period.
Track Protected Periods Automatically
Latch calculates the 12-month protected period for every tenancy, alerts you when restricted grounds become available, and generates compliant Section 8 notices. Start free with up to 3 properties.
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Get Started with LatchFrequently Asked Questions
When does the 12-month protected period start?
The protected period starts on the date the tenancy begins — i.e. the date stated in the tenancy agreement as the commencement date. It runs for exactly 12 calendar months from that date.
Does the protected period apply to existing tenancies on 1 May 2026?
No. The 12-month protected period applies to new tenancies created on or after 1 May 2026. Existing tenancies that convert to periodic tenancies are not subject to a new protected period, because the original tenancy start date is used.
Can I evict a tenant during the first 12 months at all?
Yes. The protected period only blocks specific grounds (selling, moving in, redevelopment). Fault-based grounds such as rent arrears (Ground 8), anti-social behaviour (Ground 14), and breach of tenancy (Ground 12) are available from day one.
What if I need to sell urgently within the first 12 months?
You cannot use Ground 1 (sale) during the protected period. You could sell with the tenant in situ (selling the property as a going concern with the tenancy continuing), or wait until the protected period ends. You cannot circumvent the restriction by serving notice early.
Does the clock reset if the tenant renews or signs a new agreement?
Under the new periodic-only regime, there are no renewals — tenancies continue indefinitely. However, if a tenancy is formally ended and a completely new tenancy is granted to the same tenant, the 12-month period resets from the new start date. The court will scrutinise arrangements designed to circumvent the protected period.
Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Legislation and regulations change frequently. Always consult a qualified solicitor or legal professional for advice specific to your circumstances.
