Find out how Ground 1 works, how much notice you need to give your tenant, and what landlords need to consider when moving back into a rental property.

If you are a landlord who has previously rented out a property but now wants to return to live there yourself, or wants a close family member to move in, you may be able to regain possession using Ground 1 under Section 8.

As a landlord, you can move back into your rental property, however since the Renters’ Rights Act 2025 came into force, there are specific rules and procedures that must be followed. Since 1 May 2026, landlords in England can no longer use the Section 21 ‘no-fault’ eviction process for new possession proceedings. Instead, landlords need to rely on one of the legal grounds for possession set out under the new rules established within under the Renters’ Rights Act.

The below article explains how Ground 1 possession works, how much notice you need to give your tenant and what landlords should consider before starting the process.

What is Ground 1?

Ground 1 allows a landlord to regain possession of a property because they, or a close family member, intend to live there as their main home.

Ground 1 is a mandatory ground for possession. This means that, where the landlord can demonstrate that the ground applies and has followed the correct legal process, the court must generally make a possession order.

However, there are important conditions attached to Ground 1.

For example, a landlord cannot use Ground 1 to require a tenant to leave during the first 12 months of a new tenancy. A notice can be served before those 12 months have passed, but the date on which possession is required cannot be before the 12 month period has ended.

Ground 1, Ground 1A and Ground 1B

It is extremely important to use the correct possession ground relating to your specific circumstances:

Ground 1: The landlord or a close family member intends to move into the property.

Ground 1A: The landlord intends to sell the property.

Ground 1B: Applies in specific rent-to-buy circumstances involving a Private Registered Provider.

This article focuses on Ground 1 for landlords wishing to moving back into a rental property.

If your intention is to sell your property rather than move back into it, Ground 1A may be the relevant possession ground.

Who counts as a close family member?

Ground 1 can apply where the landlord themselves intends to move into the property, or where a qualifying close family member intends to make it their home.

The legislation and government guidance set out who can qualify, so landlords should check that their particular circumstances meet the requirements before serving notice.

Depending on the circumstances, this can include family members such as:

• A parent or parent-in-law
• A child, including a son or daughter
• A son-in-law or daughter-in-law
• A stepparent, stepson or stepdaughter
• A brother or sister

The partner of one of the above

If you are unsure whether the person intending to move into the property qualifies, it is important to take appropriate advice before serving a notice.

How much notice does a landlord need to give under Ground 1?

Under the new rules, landlords must give their tenant at least four months’ notice when relying on Ground 1.

The possession process is started by serving the appropriate Section 8 notice, using the prescribed form and correctly identifying the ground being relied upon. GOV.UK provides the relevant forms and guidance for landlords and letting agents.

Getting the notice right is important. Errors in the notice, incorrect dates or failing to meet the relevant requirements could cause delays and potentially affect your possession claim.

If you are considering moving back into a property that you currently rent out, it is therefore sensible to review your circumstances and the tenancy before serving notice.

Can you use Ground 1 during the first 12 months of a tenancy?

There is a period of 12 months whereby the tenancy is protected from Ground 1.

A landlord cannot require a tenant to leave using Ground 1 before the tenant has been in the property for 12 months.

However, the landlord can serve the notice before the 12 months have expired, provided the notice does not require possession before the end of that protected period.

Example

Imagine a landlord lets their property to a tenant in January 2026.

Eight months later, in September 2026, the landlord decides that their daughter needs to move into the property.

The landlord may be able to serve a Ground 1 notice at this point, provided the notice period and possession date are correctly calculated.

Because Ground 1 requires four months’ notice and possession cannot be required during the first 12 months of the tenancy, the notice would need to expire after the 12-month protected period.

In this example, the tenant could therefore be required to leave from January 2027 onwards, assuming all the relevant legal requirements have been satisfied.

What happens if the tenant does not leave?

Serving a valid Ground 1 notice does not automatically mean the tenant will leave on the date specified.

If the tenant remains in the property after the notice period has expired, the landlord will generally need to apply to the court for a possession order.

The court process gives the tenant an opportunity to respond to the claim. If the landlord successfully establishes the relevant ground and the legal requirements have been met, the court can make an order requiring the tenant to leave.

If the tenant still does not leave after the possession order takes effect, further enforcement action may be required.

How long does a possession claim take?

There is no single timeframe for a Ground 1 possession claim.

Court processing times can vary depending on the court, the circumstances of the case and whether the tenant challenges the claim.

This is one reason why landlords considering moving back into a rental property should plan well ahead and obtain appropriate advice before serving notice.

What evidence may be needed for Ground 1?

A landlord using Ground 1 needs to be able to demonstrate that the intention to occupy the property is genuine.

Depending on the circumstances, relevant evidence could include information relating to:

• A planned relocation
• Changes in employment
• The sale of another property
• The end of an existing tenancy
• Changes in family circumstances
• The intended occupation of the property as a main home

The exact evidence required will depend on the individual circumstances.

It is important that landlords do not treat Ground 1 as a way of simply ending a tenancy because they would prefer to have the property back. The stated intention to occupy must be genuine.

What should landlords check before using Ground 1?

Before beginning possession proceedings, landlords should make sure their tenancy and property compliance are in order.

This can include checking matters such as:

• Tenancy deposit protection requirements
• The provision of the prescribed information
• Gas safety requirements, where applicable
• A valid Energy Performance Certificate (EPC)
• Electrical safety requirements
• Any relevant property licensing requirements
• The correct possession notice and notice period

The government guidance makes clear that landlords need to follow the correct process when seeking possession, and certain compliance failures can affect a possession claim.

What if I want to move back into my property?

For many landlords, deciding to move back into a rental property can be a significant decision.

Perhaps your circumstances have changed, you have returned to the area, your family has grown, or you originally intended the property to be a long-term investment but now need it as your own home.

Whatever the reason, it is important to understand the position of your existing tenant and the legal process before making plans around the property.

The Renters’ Rights Act 2025 has changed the way landlords regain possession in England, so the process is different from the previous Section 21 system.

How VitalSpace can help landlords

At VitalSpace Estate Agents, we understand that landlords’ circumstances can change.

If you are considering moving back into your rental property, our experienced lettings team can help you understand your options, the practical considerations involved and the steps you may need to take.

We can also advise landlords who are considering whether to continue letting, sell their property or return it to their own occupation.

Thinking about moving back into your rental property?

If you are a landlord considering moving back into your property, speak to VitalSpace Estate Agents for professional guidance on your options.

Our team can help you understand what the changes introduced by the Renters’ Rights Act mean for your property and help you plan your next steps.

Contact VitalSpace today to discuss your property.