The 12-month protected period explained

The protected period under the Renters' Rights Act is the first year of a tenancy, during which you can't recover possession on Ground 1 (moving in) or Ground 1A (selling). The tenancy must have begun at least one year before the date you put in question 2.1 of your Section 8 notice. You can serve the notice during the first year, but its date has to fall outside the protected period.

What is the protected period under the Renters' Rights Act?

GOV.UK and the Act's explanatory notes use "protected period" for the rule in Grounds 1 and 1A of Schedule 2 to the Housing Act 1988: neither ground can be used unless the current tenancy began at least one year before the "relevant date". For these grounds the relevant date is the date specified in the notice, which is the earliest date for court proceedings in question 2.1 of Form 3A. (If the court dispenses with notice, it is the date proceedings began.)

Two details matter:

• Both days count. The year is counted including the day the tenancy began and the relevant date.
• It works alongside the notice period. Grounds 1 and 1A also need 4 months' notice. Your date must satisfy both rules, so whichever is later wins.

The rule doesn't stop you serving early. GOV.UK says you can serve during the first year if you like, but the notice can't expire before the 12 months have ended.

Can I evict a tenant in the first year?

Not on Ground 1 or 1A. But the protected period doesn't block any other ground. If the tenant runs up serious arrears, damages the property or behaves antisocially in the first year, you can serve a notice on the ground that fits, such as Ground 8, 12, 13 or 14, with its usual notice period.

One other ground has a similar rule. Ground 6 (redevelopment) needs the tenancy to have begun at least 6 months before the date in the notice.

How to count the 12 months, with examples

Because both the start day and the notice date are counted, a tenancy that began on 1 June 2026 arguably passes the one-year test on 31 May 2027. That reading isn't settled, so to be safe use the first anniversary of the start date, or later.

Example 1: a new tenancy from 1 June 2026. You want to sell.

1. Protected period: to be safe, the date in question 2.1 must be Tuesday 1 June 2027 or later.
2. Notice period: 4 months, beginning with the day of service.
3. Latest service date for a 1 June 2027 date: Monday 1 February 2027, by hand.
4. If you serve later, say on Monday 1 March 2027, the 4-month period decides the date instead: 1 July 2027.

Example 2: a former AST that began on 15 March 2026. You serve by hand on Monday 2 November 2026.

1. Four months from service gives Tuesday 2 March 2027.
2. But the protected period means, to be safe, the date can't be earlier than Monday 15 March 2027.
3. So you enter 15 March 2027 in question 2.1, giving more than 4 months' notice.

Tenancy began	Served	4 months gives	Protected period gives (to be safe)	Date to enter
1 June 2026	Monday 1 February 2027	1 June 2027	1 June 2027	Tuesday 1 June 2027
15 March 2026	Monday 2 November 2026	2 March 2027	15 March 2027	Monday 15 March 2027
1 September 2024	Monday 2 November 2026	2 March 2027	Already passed	Tuesday 2 March 2027

The Section 8 notice periods guide explains the month-counting rule, and the calculator applies both tests for you.

Which start date counts?

Former fixed-term ASTs. On 1 May 2026 every existing assured tenancy, including ASTs, became a periodic assured tenancy. The Renters' Rights Act treats a fixed-term AST and the periodic tenancy that followed as one tenancy entered into when the fixed term was entered into. So for a converted tenancy the protected period runs from the start of the original fixed term, not from 1 May 2026. For a tenancy that started before May 2025, the first year is already over.

Renewals with the same tenant. If you granted the same tenant a fresh tenancy at some point (for example a new fixed term signed in 2025), the law doesn't say whether the "current tenancy" is the new one or the original. To be safe, count from the start date of the most recent tenancy you granted.

Old-style assured tenancies. If the tenancy began before 1 May 2026 as an assured tenancy that was never an AST, Ground 1A isn't available at all. Ground 1 still is.

After you serve: the 12-month re-let and marketing ban

Relying on Ground 1 or 1A starts a second clock, called the restricted period, which is easy to overlook. From the day you serve the notice until the end of 12 months beginning with the date in question 2.1, you must not:

• let the home on a tenancy of 21 years or less, or grant a licence to occupy it for money; or
• market it for such a let or licence, or authorise anyone else to (including your letting agent).

The ban applies whether or not the tenant leaves and whether or not you go to court. It ends early only if the court orders possession on a different ground.

Example: you serve a Ground 1A notice on Monday 2 November 2026 with a date of Tuesday 2 March 2027. The restricted period runs from 2 November 2026 to the end of 1 March 2028, roughly 16 months in which you can't let or advertise the home for rent.

There are narrow exceptions: for Ground 1, letting to one of the family members listed in the ground, or where one of them also lives there as their only or main home; for Ground 1A, a licence to the buyer before completion. Breaking the ban is a criminal offence, or the council can impose a civil penalty of up to £40,000 instead, and the tenant can apply for a rent repayment order of up to 2 years' rent.

Other exceptions to the protected period

Ground 1A has one exception: the protected period doesn't apply if a compulsory acquisition notice has been given and you intend to sell to the acquiring authority. That exception applies only to Ground 1A.

What to do next

If you plan to sell or move in, check the start date of the tenancy and work out your date before you serve. Our guides on Ground 1 and Ground 1A cover the evidence the court expects, and evicting a tenant to sell walks through the whole process. ValidNotice checks the protected period automatically and flags any date that falls inside it. Return to the Section 8 notice guide for the overall process.