Ground 1 Own Occupation — Landlord Possession Guide England 2026

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.

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 12 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