Before 1 May 2026, most landlords who wanted a property back for personal use served Section 21 — no fault, no reason, just two months' notice. That route is gone. Ground 1 is now the only mechanism for recovering possession for own occupation, and it carries strict requirements: genuine intention, a 4-month notice, a 12-month minimum tenancy before the notice can expire, and a criminal sanction for misuse.
Ground 1 is a powerful ground when used correctly — it is mandatory, so the court must grant possession if the ground is proven. But the 'genuine intention' requirement is real, and landlords who use it as a disguised no-fault eviction face serious consequences.
Who can use Ground 1?
Ground 1 is available in the following circumstances:
- The landlord: Intends to occupy the dwelling as their only or principal home — applies to individual landlords, not companies
- Spouse or civil partner of the landlord: Intends to occupy as their only or principal home
- Parent of the landlord or landlord's spouse/civil partner: Intends to occupy as their principal home
- Child of the landlord or landlord's spouse/civil partner: Intends to occupy as their principal home
- Sibling of the landlord or landlord's spouse/civil partner: Intends to occupy as their principal home
- Grandparent or grandchild of the landlord: Intends to occupy as their principal home
- Restriction: Ground 1 cannot be used if the property was purchased with a sitting tenant already in occupation — this prevents landlords from buying tenanted properties to immediately evict using Ground 1
The 4-month notice period and 12-month restriction
Ground 1 has two timing requirements that must both be satisfied:
- Notice period: 4 months — served on Form 3A
- The 12-month restriction: the notice cannot expire before 12 months from the start of the tenancy
- Practical effect: you cannot serve a Ground 1 notice until the start of month 8 of the tenancy at the earliest — so the 4-month notice period expires at or after month 12
- Serving the notice earlier is not itself unlawful, but a notice that expires before 12 months is defective and will be set aside by the court
- For tenancies that started before 1 May 2026 (converted ASTs): the 12-month period runs from the original AST start date, not from the conversion date
- Note: Ground 1A (sale) has the same 4-month notice period and 12-month restriction — the two grounds are parallel in timing terms
Proving genuine intention to occupy
The landlord must satisfy the court that the intention to occupy is genuine:
- The intention must be genuine at the date the notice is served — it cannot be speculative or conditional
- Evidence of genuine intention: Correspondence with a mortgage lender about the property becoming the main residence; estate agent letters about selling the landlord's current home; employer letters about relocation to the area; school or healthcare registration for a family member; signed declarations from the qualifying family member stating their intention to occupy
- The burden of proof is on the landlord — if the tenant disputes the intention, the court will scrutinise the evidence
- Genuine intention does not mean certainty — plans can legitimately change after the possession order. But the intention must be real at the date the notice is served
The criminal offence risk — re-letting within 12 months
Using Ground 1 as a pretext carries serious criminal consequences:
- If a landlord uses Ground 1 to recover possession and then re-lets the property as a residential tenancy within 12 months of the possession order, this is a criminal offence under the Renters' Rights Act 2025
- The tenant can apply to the First-tier Tribunal for a Rent Repayment Order covering up to 12 months' rent
- The local authority can also prosecute — fines are unlimited
- Selling the property within 12 months: selling is not the same as re-letting and is not an offence under this provision — but document your genuine sale intention carefully to avoid any appearance of evasion
- Only use Ground 1 if the intention to occupy is genuine — if you are uncertain whether it will be acted upon, wait until you are certain before serving the notice
Ground 1 vs Ground 1A — which to use?
Ground 1 (own occupation) and Ground 1A (sale) are parallel grounds with the same notice period and timing restriction:
- 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 — the property must be marketed for sale within a defined period, and 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
- 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
- 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
Frequently asked questions
How long must the tenancy have been running before I can use Ground 1?+
The Section 8 notice for Ground 1 cannot expire before 12 months from the tenancy start date. Since the notice period is 4 months, the earliest you can validly serve the notice is at the start of month 8 of the tenancy (so the notice expires at or after month 12). If you serve the notice earlier and it expires before 12 months, the notice is defective and will be set aside at the possession hearing.
Can I use Ground 1 to house my adult child in my rental property?+
Yes — a child of the landlord (or of the landlord's spouse or civil partner) is a qualifying family member under Ground 1. The child must genuinely intend to occupy the property as their principal home — not as a second property or holiday home. The same 4-month notice and 12-month restriction apply. Evidence of the child's genuine intention to occupy (e.g. a signed declaration, evidence of their current housing situation, correspondence about moving) will support the ground at the hearing.
What if I serve Ground 1 but then decide not to move in?+
If you genuinely intended to move in when you served the notice but circumstances changed afterwards (e.g. a job relocation fell through), you are unlikely to have committed an offence — the test is whether the intention was genuine at the notice date. However, if you re-let the property within 12 months of the possession order, the tenant can apply for a Rent Repayment Order regardless of your original intention. If you decide not to move in after obtaining possession, wait at least 12 months before re-letting and document your reasons for the change of plan carefully.
Can a company landlord use Ground 1?+
Ground 1 is generally not available to company landlords — the ground requires the landlord (or a qualifying family member) to intend to occupy the property as their principal home, which a company cannot do. If the property is held in a company and the director or shareholder wants to live there, the company may need to transfer the property to the individual before Ground 1 can be used. Take specialist legal advice before attempting to use Ground 1 from a company-held property.