Section 8 Ground 1: How to Move Into Your Own Rental Property

Ground 1 of the Housing Act 1988 (as amended by the Renters' Rights Act 2025) is a mandatory possession ground that lets landlords reclaim their rental property when they or a close family member genuinely intend to live in it as their only or principal home. You must give four months' notice using Form 3A, and you cannot obtain possession within the first 12 months of the tenancy.

With Section 21 abolished from 1 May 2026, Ground 1 is now the primary route for landlords who need their property back for personal occupation. Here is everything you need to know to use it correctly.

Key Facts

• Ground type: Mandatory (court must grant possession if conditions are met)
• Notice period: 4 months using Form 3A
• Protected period: Cannot obtain possession in the first 12 months of the tenancy
• Who qualifies: The landlord, their spouse or civil partner, parent, grandparent, sibling, child, or grandchild
• Prior notice penalty: Up to 7,000 pounds for failing to include Ground 1 in the Written Statement of Terms
• Form: Form 3A (prescribed from 1 May 2026 for all Section 8 notices)
• Company landlords: Cannot use this ground. Only individual landlords qualify.

What Is Ground 1 and When Should You Use It?

Ground 1 is a mandatory ground for possession under Schedule 2 of the Housing Act 1988. "Mandatory" means the court has no discretion: if you prove the conditions are met, the judge must order possession. This distinguishes it from discretionary grounds where the court weighs reasonableness.

Since 1 May 2026, the Renters' Rights Act 2025 expanded Ground 1 to cover close family members as well as the landlord personally. Previously, only the landlord themselves could rely on this ground. Per GOV.UK guidance (2026), the ground now allows recovery where a landlord or their close family member genuinely intends to occupy the property as their only or principal home.

You should use Ground 1 when:

• You want to move back into a property you currently rent out
• Your child, parent, sibling, grandparent, or grandchild needs the property as their main residence
• Your spouse or civil partner needs the property

You should not use Ground 1 when you want to sell the property (that is Ground 1A) or when you are a company landlord operating through a limited company.

Who Counts as a "Close Family Member"?

The Renters' Rights Act 2025 defines close family members as:

The family member must genuinely intend to use the property as their only or principal home. A landlord whose adult child wants a property as a weekend retreat would not satisfy this requirement. The court will assess whether the intention is genuine, and misrepresentation can result in penalties under the Renters' Rights Act enforcement provisions.

How Much Notice Do You Need to Give?

Ground 1 requires four months' notice. This means you must serve a Section 8 notice (using Form 3A) giving the tenant at least four months before the earliest date you can apply to court.

Here is how the timeline works in practice:

1. Serve Form 3A specifying Ground 1 and the earliest possession date (at least 4 months from service)
2. Wait for the notice period to expire (4 months minimum)
3. Apply to court for a possession order if the tenant has not left
4. Court hearing scheduled (typically 4 to 8 weeks after application)
5. Possession order granted if conditions are met
6. Tenant has 14 days to vacate (standard for mandatory grounds)

Realistic timeline from serving notice to moving in: 5 to 8 months. Plan accordingly. If you need the property urgently, the process will still take several months even in the best case.

The 12-Month Protected Period: What It Means

This is where many landlords trip up. You cannot obtain possession under Ground 1 within the first 12 months of the tenancy.

However, you can serve notice during the first 12 months. The notice just cannot expire before the 12-month mark. In practical terms:

• Serve notice at month 8 with a 4-month notice period = notice expires at month 12. This works.
• Serve notice at month 3 with a 4-month notice period = notice expires at month 7. This does not work. The possession date would need to be pushed to month 12 at the earliest.

Converted Tenancies (Pre-May 2026)

For tenancies that existed before 1 May 2026, the 12-month protected period starts from the conversion date of 1 May 2026, not the original tenancy start date. Per GOV.UK (2026), this means:

• A tenancy that started in January 2024 converts to an assured periodic tenancy on 1 May 2026
• The 12-month protection runs from 1 May 2026
• The earliest possible possession date is 1 May 2027

This applies regardless of how long the original tenancy had been running. Even a tenancy that started five years ago gets a fresh 12-month protection period from the conversion date.

Prior Notice: The Written Statement Requirement

The Renters' Rights Act 2025 introduced Written Statements of Terms for all assured periodic tenancies. If you think you might ever want to use Ground 1, you should include a prior notice statement in the Written Statement.

What happens if you do not include it?

You can still rely on Ground 1 even without prior notice. The ground remains available. However, per GOV.UK enforcement guidance (2026), failing to provide the Written Statement with the required information (including prior notice of grounds you may wish to use) can attract a financial penalty of up to 7,000 pounds from your local authority.

For new tenancies granted after 1 May 2026, the Written Statement must be provided within 28 days. For converted tenancies, the deadline is 31 May 2026. If you have not yet provided yours, do it now. EPCGuide's landlord changes checklist for May 2026 covers all the deadlines you need to hit.

Step-by-Step: Using Ground 1 to Move Into Your Property

Step 1: Confirm You Qualify

• You are an individual landlord (not a limited company)
• You or a close family member genuinely intends to occupy the property as your only or principal home
• The tenancy has been running for at least 8 months (so you can serve 4 months' notice and clear the 12-month protection)

Step 2: Prepare Form 3A

From 1 May 2026, all Section 8 possession notices must use Form 3A. This replaced the old Form 3. You must specify which ground(s) you are relying on and the earliest date for possession.

Download Form 3A from GOV.UK. Fill in:

• The property address
• The tenant's name
• Ground 1 (and any other grounds that apply)
• The earliest date for court proceedings (minimum 4 months from service)

Step 3: Serve the Notice Correctly

Serve the notice on the tenant. Acceptable methods include:

• Hand delivery (keep a dated record or witness)
• First-class post to the property (deemed served 2 working days after posting)
• Email only if the tenant has agreed in writing to accept notices by email

Keep proof of service. If the case goes to court, you will need to demonstrate the notice was properly served.

Step 4: Wait for the Notice Period

The tenant has the full notice period to make arrangements. Many tenants will leave voluntarily during this time. If they do, you can take possession without going to court.

Step 5: Apply to Court (If Needed)

If the tenant does not leave, apply to the county court for a possession order. You will need:

• A copy of the Form 3A notice
• Proof of service
• Evidence of your genuine intention to occupy (or your family member's intention)
• The tenancy agreement or Written Statement of Terms

The court must grant the order if conditions are met, as Ground 1 is mandatory. But the judge will examine whether the intention to occupy is genuine.

Step 6: Enforcement

If the tenant still does not leave after a court order, apply for a warrant of possession. County court bailiffs will enforce the order. This adds further time, so factor it into your planning.

Common Mistakes Landlords Make with Ground 1

Using Ground 1 to get rid of a difficult tenant. The court assesses genuine intention. If evidence suggests you plan to re-let the property rather than occupy it, the case will fail. Under the Renters' Rights Act, landlords who obtain possession on Ground 1 and then re-let within 12 months face penalties.

Forgetting the 12-month protected period. Serving a notice that expires before the 12-month mark wastes time and money. Calculate your dates carefully.

Not using Form 3A. Any Section 8 notice served from 1 May 2026 must use the new prescribed Form 3A. Using the old Form 3 renders the notice invalid.

Assuming company landlords qualify. If your rental property is owned by a limited company, you cannot use Ground 1. The ground is only available to individual landlords. Consider restructuring ownership or using a different ground.

Skipping the Written Statement. While not a barrier to using Ground 1, the 7,000 pound penalty for failing to provide a Written Statement is an unnecessary risk. Get it done.

Ground 1 vs Ground 1A: Which Do You Need?

If you are unsure whether to sell or move in, read EPCGuide's Ground 1A timeline and possession guide for a detailed comparison of the selling route. You can include both grounds on the same Form 3A, but you will need to prove whichever ground you ultimately rely on in court.

For landlords weighing the financial case for selling vs upgrading, our sell or upgrade decision guide covers the EPC compliance angle.

What Happens After You Get Possession?

Once you have the property back, you are free to move in (or your family member can). However, be aware:

• Re-letting restriction: If you obtained possession under Ground 1 and then re-let the property within 12 months, the local authority can investigate and impose penalties. The Renters' Rights Act includes enforcement measures for misuse of possession grounds.
• EPC requirements: If you later decide to rent the property again, you will need a valid EPC that meets the Minimum Energy Efficiency Standards. The rules have not gone away just because you occupied the property temporarily.
• Council tax: You become liable for council tax as the occupier. Budget for this from the date you take possession.

Frequently Asked Questions

Can I use Ground 1 if I bought the property with a sitting tenant?

Yes. The Renters' Rights Act 2025 removed the previous restriction that prevented landlords from using Ground 1 if they purchased the property with an existing tenancy. However, the 12-month protected period still applies from the date of purchase (or from 1 May 2026 for converted tenancies, whichever is later).

What if my tenant disputes that I genuinely intend to move in?

The court will assess your evidence. Bring documentation showing your genuine intention: correspondence about your current living situation, evidence you have given notice on your own tenancy or listed your current home for sale, statements from the family member who intends to occupy. The burden of proof is on you.

Can I use Ground 1 for a holiday home or second home?

No. Ground 1 requires the property to be your (or your family member's) only or principal home. A holiday let or occasional-use property does not qualify.

How long does the whole process take from start to finish?

Realistically, 5 to 8 months. Four months for the notice period, then 4 to 8 weeks for a court hearing if the tenant does not leave voluntarily. Add further time if bailiff enforcement is needed.

What is the difference between Ground 1 and the old Section 21 "no-fault" eviction?

Section 21 was abolished on 1 May 2026. It allowed eviction without giving a reason. Ground 1 requires a specific reason (occupation) and evidence to back it up. The notice period is longer (4 months vs 2 months under the old Section 21), and you must prove your case in court if the tenant challenges it.

Does Ground 1 apply in Scotland, Wales, or Northern Ireland?

No. Ground 1 as described here applies to England only. Scotland, Wales, and Northern Ireland have their own tenancy and possession frameworks. For Welsh landlords, see our Wales EPC guide. For Northern Ireland, see our Northern Ireland EPC guide.