Ground 1 and Ground 1A: Selling or Moving Into Your Rental Property

Ground 1 — landlord or family member occupation

Ground 1 is a mandatory possession ground that applies where the landlord requires the property as their only or principal home, or where a family member of the landlord intends to occupy it as their only or principal home. Family members for this purpose include the landlord's spouse or civil partner, parent, grandparent, child, grandchild, or sibling (including step and half relationships).

For Ground 1 to be available, one of the following must apply:

• The property was previously occupied by the landlord (or a family member) as their only or principal home before the tenancy began; or
• The landlord requires it as their only or principal home, or a family member requires it as their only or principal home, having not previously occupied it under the tenancy.

Crucially, under the framework in force from 1 May 2026, a landlord cannot rely on Ground 1 where the property was let without giving the tenant prior notice that possession might be sought on this ground — unless the court is satisfied that it is just and equitable to dispense with that requirement. This is a significant restriction that landlords should be aware of when setting up new tenancies.

Ground 1A — intention to sell

Ground 1A is a mandatory possession ground that applies where the landlord intends to sell the property. It was introduced by the Renters' Rights Act 2025 as a replacement route for landlords who previously relied on Section 21 when they wished to sell with vacant possession.

To establish Ground 1A, the landlord must demonstrate a genuine intention to sell the property. The landlord does not need to have listed the property for sale at the time of the notice, but the intention must be real and not a pretext for recovering possession for another reason. Courts will consider the evidence of intention — for example, whether the property was listed or instructions given to an estate agent within a reasonable period of obtaining possession.

There are restrictions on re-letting: under the framework, a landlord who obtains possession on Ground 1A is generally restricted from re-letting the property for a period of time following possession. The specific restriction period and conditions are set out in the Housing Act 1988 as amended. Landlords who recover possession on Ground 1A and then re-let the property without genuine justification risk a Rent Repayment Order and potential enforcement action.

Conditions common to both grounds

• Compliance prerequisites must be met. Before serving any Section 8 notice, the landlord must have provided a valid gas safety certificate, EICR, EPC, and How to Rent guide to the tenant, and (where a deposit was taken) protected the deposit and served Prescribed Information. See the Section 8 notice guide for the full prerequisites checklist.
• Minimum tenancy period. Ground 1 and Ground 1A cannot be used within the first 12 months of the tenancy. The notice cannot be served, nor proceedings commenced, within 12 months of the tenancy start date.
• Mandatory outcome. If the court is satisfied that the ground is established and the prerequisites are met, it must grant a possession order. It does not have discretion to refuse.

Notice period and prescribed form

Both Ground 1 and Ground 1A require a minimum of four months' notice served on Form 3. The notice period begins from the date the notice is served on the tenant. The notice is valid for 12 months from the date on which possession proceedings may be commenced — court proceedings must be issued within that period or the notice expires.

The notice must specify which ground is being relied upon and include particulars — a brief factual statement supporting the ground. For Ground 1, this would include why the landlord or family member requires the property. For Ground 1A, it would state the landlord's intention to sell.

Court process

If the tenant does not vacate after the four-month notice period, the landlord must apply to the county court for a possession order. Courts will examine whether the ground is genuinely established — in particular, for Ground 1A, whether the intention to sell is real. Tenants may challenge the claim on the basis that the intention is not genuine. A landlord who is found to have misused Ground 1A — for example, recovering possession and then re-letting — risks a Rent Repayment Order and reputational damage.

Courts must be satisfied that all statutory prerequisites were met before making a possession order on any mandatory ground.

What to record

• Evidence of the landlord's or family member's intention to occupy (Ground 1) — for example, correspondence, evidence of change of circumstances, or a signed statement
• Evidence of intention to sell (Ground 1A) — for example, estate agent instructions, valuation correspondence, or marketing material
• All compliance prerequisites with service dates — gas cert, EICR, EPC, How to Rent, Prescribed Information
• The Section 8 notice with service date and method
• Post-possession evidence of sale or occupation, retained in case of any subsequent challenge