Ground 1 is the mandatory Section 8 ground available to landlords who genuinely intend to move into a rented property themselves, or to house a close family member there as their principal home. It replaced Section 21 as the primary route for landlords who want the property back for personal use. Ground 1 is mandatory, if the landlord proves the ground, the court must grant possession, but the notice period is 4 months and the notice cannot expire before 12 months from the start of the tenancy.
Using Ground 1 as a pretext is a criminal offence
If a landlord uses Ground 1 to recover possession and then does not occupy the property as stated, for example, re-letting to a new tenant within 12 months of the possession order, this is a criminal offence under the Renters' Rights Act 2025. The tenant can apply for a Rent Repayment Order. Only use Ground 1 if the intention to occupy is genuine.
Who can use Ground 1?
- The landlord who is the freeholder or leaseholder, they intend to occupy the property as their only or principal home
- Qualifying family members who intend to occupy as their only or principal home:
- Spouse or civil partner of the landlord
- Parent of the landlord or of the landlord's spouse/civil partner
- Child of the landlord or of the landlord's spouse/civil partner
- Sibling of the landlord or of the landlord's spouse/civil partner
- Grandparent of the landlord
- Grandchild of the landlord
- Ground 1 cannot be used if the property was purchased with a sitting tenant in occupation, this restriction prevents landlords from buying tenanted properties and immediately using Ground 1 to evict
Notice period and timing restrictions
- Notice period: 4 months, served on Form 3A
- The notice cannot expire before 12 months from the start of the tenancy, even if 4 months' notice was given from month 1
- In practice: the earliest you can validly serve a Ground 1 notice is at the start of month 8 (so the 4-month period expires at or after month 12)
- Serving the notice before month 8 is not unlawful, but the notice will be premature if it expires before 12 months, and a premature notice is defective
- The 12-month restriction runs from the start of the tenancy, for converted ASTs (tenancies that started before 1 May 2026), the tenancy start date is the original AST start date
Evidence of genuine intention to occupy
- The intention to occupy must be genuine at the date the notice is served, not speculative or contingent on the tenant leaving
- Evidence of genuine intention: correspondence with a mortgage broker about living in the property, estate agent correspondence about selling a current home to move in, letters from an employer about relocation, family correspondence about a family member's housing need
- The burden of proof is on the landlord, you must satisfy the court that the intention is genuine
- Changing your mind after the possession order is granted and re-letting the property within 12 months is a criminal offence, and tenants can apply for a Rent Repayment Order covering up to 24 months' rent
After the possession order
- The court will grant an outright possession order if Ground 1 is proven, typically giving the tenant 14 days to vacate
- Move in, or have the qualifying family member move in, as soon as reasonably practicable after the possession date
- Do not re-let the property within 12 months of the possession order, this is a criminal offence under the Renters' Rights Act 2025
- If you sell the property within 12 months: selling is not the same as re-letting, but check whether your specific circumstances raise any issues before proceeding
- Keep the possession order and all supporting documents, if the tenant applies for a Rent Repayment Order, you will need to demonstrate that the occupation was genuine
Ground 1 vs Ground 1A, which to use?
- Ground 1, own occupation: use when the landlord or a qualifying family member intends to live in the property as their principal home
- Ground 1A, sale: use when the landlord intends to sell the property; re-letting within 12 months of the possession order is an offence
- Both grounds have a 4-month notice period and a 12-month minimum tenancy restriction
- You can cite both Ground 1 and Ground 1A on the same Form 3A if circumstances support both, e.g. you intend to live in the property and may subsequently sell
- If there is any doubt about which ground applies to your situation, seek legal advice before serving the notice, an incorrect ground cited on Form 3A means starting again