Ground 1: moving back into your rented property

The short answer

Ground 1 lets a landlord in England seek possession because they, or a close family member, need to live in the property as their only or main home. It is a mandatory ground. You serve a Section 8 notice on Form 3A giving at least four months’ notice, and the date in the notice cannot fall within the first 12 months of the tenancy. After you serve, you cannot re-let or market the property for letting during a 12-month restricted period, unless you or your family member move in.

This guide explains who counts as family, how the timing works and what the restriction means, with worked dates. It is general information for landlords in England, not legal advice.

Moving back in since 1 May 2026

The main changes in the Renters’ Rights Act 2025 came into force in England on 1 May 2026. Section 21 “no-fault” notices were abolished for private tenancies. If you want to move back into a property you let out, and the tenant will not leave voluntarily, Ground 1 is the route. See Section 21 abolished for the other changes.

Who counts as family for Ground 1?

The legal wording of Ground 1 is in Schedule 2 to the Housing Act 1988. The property must be required as the only or principal home of one of these people:

Some points to note:

• Half-blood relatives count. A half-sibling is treated in the same way as a full sibling.
• Your partner’s children count. That includes stepchildren and their children.
• Joint landlords. If you own the property with someone else, the ground can be used for at least one of the joint landlords, or their family.
• Some relatives are not on the list. For example, the list does not include your partner’s parents, or your aunts, uncles, cousins, nieces or nephews.

The person must need the property as their only or principal home. A holiday home or an occasional base is not enough.

Evidence

Ground 1 depends on genuine need. Keep dated evidence of the plan, such as the reason for the move and where the person lives now. Explain the facts clearly in question 4.3 of Form 3A, and quote the full legal wording of Ground 1 in question 4.2. See how to fill in Form 3A. If the tenant is likely to dispute the claim, take advice on what evidence the court is likely to expect.

Four months’ notice and the 12-month rule

Ground 1 carries a four-month minimum notice period, which runs from when the tenant receives the notice. The earliest date you can apply to court goes in question 2.1 of Form 3A.

There is a second rule. Gov.uk guidance says you can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12 months have ended. Its own example is a landlord who waits until eight months into a tenancy before giving notice, so the four months end as the first year ends.

If you rely on other grounds as well, wait for the longest notice period, unless you rely on Ground 7A or 14. See Section 8 notice periods for every ground.

Restrictions on re-letting after using Ground 1

The Act limits what you can do once you rely on Ground 1 (or Ground 1A).

• When it starts: on the day you serve the notice.
• When it ends: 12 months after the date you gave in question 2.1 as the earliest date for court proceedings.
• What it stops: letting on a tenancy of 21 years or less, letting someone occupy under a licence for money, and marketing the property for letting.

Gov.uk guidance says the restriction does not apply, or ends early, if you or a close family member move in and use the property as an only or main home. That is the point of Ground 1. If your plans change and nobody moves in, the restriction still applies.

Breaching the restriction is an offence. Gov.uk guidance says you could be given a financial penalty of up to £40,000 as an alternative to prosecution, unless you took all reasonable steps not to breach it or an exception applies.

Worked example: a daughter moving in

A tenancy began on Monday 1 June 2026, with rent due on the 1st. In October 2026, you decide your daughter needs to live in the property as her main home.

If you had handed the notice over in October 2026, four months would end in February 2027. That is inside the first 12 months, so that date could not go in question 2.1. You could still serve in October, but you would need to enter a date after the first 12 months, and the restricted period would start earlier.

The legal wording has a specific rule for counting the year. To keep a margin, avoid choosing a date right on the first anniversary.

Once your daughter moves in and lives there as her main home, the restriction on letting does not apply to her occupation. If she then decides not to move in, you could not re-let to someone else before 8 June 2028 without risking a penalty.

If the tenant does not leave

The tenant does not have to leave on the date in question 2.1. If they stay, you must apply to court for a possession order. Only a court can order possession. Never change the locks or remove the tenant’s belongings.

Common mistakes

• Using Ground 1 for a relative who is not on the list. Check the table above.
• Putting a date in the first 12 months. The date in question 2.1 must fall after the first year.
• Counting four months from posting. Count from when the tenant receives the notice.
• Using Ground 1 when you really plan to sell. That is Ground 1A, which has its own conditions. See Ground 1A: selling a rented property.
• Re-letting when plans change. The restriction runs from the day you serve, whether or not anyone moves in.
• A vague explanation. Say who will move in, their relationship to you and why they need the property.

Frequently asked questions

Can I use Ground 1 so my adult child can live there?

Yes. Your child is on the list. They must need the property as their only or principal home.

Can I use Ground 1 for my partner’s parents?

Not on the wording of Ground 1. The list includes your own parents, but not the parents of your spouse, civil partner or partner.

Do I need to have warned the tenant at the start of the tenancy?

The current legal wording of Ground 1 on the Form 3A legal wording document does not include a requirement for advance warning. Quote the wording in full and take advice if you are unsure.

Can a company landlord use Ground 1?

The ground is about a person needing the property as their home. If your property is owned by a company, take advice before relying on it.

What if my tenant offers to leave?

If the tenant gives you two months’ notice, the tenancy ends without you using Ground 1, and the restriction does not apply. See how much notice a tenant must give.

Next steps

• Create your notice on the Section 8 notice (Form 3A) page. It includes the legal wording and calculates question 2.1.
• Read how to fill in Form 3A, section by section.
• Plan delivery and proof with how to serve a notice.

Possession claims are high-stakes. If the claim may be disputed, speak to a solicitor before you serve; tenants can get advice from Shelter.