Section 8 Ground 1: How to Regain Your Property When You Need to Move In

Can I evict a tenant so that I or my family can move in?

Yes, using Ground 1 of Schedule 2 to the Housing Act 1988. It is a mandatory ground: if you prove that you need the property as your own, or a close family member's, only or principal home, the court must order possession. You must give at least four months' notice, and the date in the notice must be at least one year after the tenancy began.

Ground 1 is the moving-in ground. Ground 1A is a separate ground for selling (Ground 1A guide). Since 1 May 2026 these two grounds have replaced Section 21 as the ways to recover a property for your own purposes (Guide to the Renters' Rights Act).

Who counts as a close family member?

The ground covers the landlord and a defined list of relatives. With joint landlords, any one of them counts.

So a cohabiting partner, a sibling, a grandchild and a partner's child all qualify. A friend, a cousin, an aunt or uncle, a niece or nephew, or your partner's parents do not. Source: Schedule 2, Ground 1.

How does the one-year rule work?

The "relevant date" is the date you specify in the notice as the earliest date court proceedings will begin (Schedule 2, Part 5 definitions). The tenancy must have begun at least a year before that date. This means you can serve notice before the first anniversary, as long as the date in the notice falls after it. You do not have to wait 12 months and then add four months.

Two other rules from section 8 of the Housing Act 1988:

• The date in the notice cannot be before the end of four months beginning with the day of service (s.8(4AA)).
• You must issue court proceedings no later than 12 months after service, or the notice lapses (s.8(3)(c)).

Unlike the old version of Ground 1, you no longer need to have warned the tenant at the start of the tenancy that you might use it.

Worked example with real dates

A new tenancy begins on 1 September 2026. You want to move back in.

The day-count rules are exact. Give yourself a few days' margin on both the service date and the date you specify rather than working to the last day. The one-year calculation counts both the start day and the relevant date.

If the court makes the order, it can postpone possession by no more than 14 days, or up to six weeks for exceptional hardship (Housing Act 1980, s.89).

Steps to take

1. Check the ground fits. The person moving in must be on the statutory list, and the property must be going to be their only or principal home, not a second home.
2. Check your deposit compliance. If you took a deposit, the court can only order possession if it is protected and the prescribed information was given, or if it has been returned (Housing Act 2004, s.215). See deposit protection rules.
3. Serve Form 3A. Private landlords must use Form 3A, the prescribed Section 8 notice (GOV.UK forms). Specify Ground 1 and its particulars, and give a date that satisfies both the four-month and one-year rules. Keep proof of service.
4. If the tenant stays, issue a possession claim. You cannot change the locks or remove the tenant yourself. Unlawful eviction and harassment are offences under the Protection from Eviction Act 1977.
5. Prove the intention at the hearing. Bring dated evidence of the move: the sale or end of the occupier's current home, a job move, a return from abroad, or the family circumstances behind it.

What if the move-in falls through?

Once you rely on Ground 1, the landlord must not let the property on a tenancy of 21 years or less, or license it for money, and no one may market it to let, until 12 months after the date in the notice (s.16E). This applies whether or not the tenant leaves. The ban does not stop a letting where the tenant is one of the qualifying family members (s.16F).

Breaking the ban is a criminal offence (s.16J(2)). The council can instead impose a financial penalty of up to £40,000 (s.16K). The former tenant can apply for a rent repayment order (Housing and Planning Act 2016, s.40), which the Renters' Rights Act raised to a maximum of 24 months' rent (Guide to the Renters' Rights Act).

Relying on Ground 1 knowing you could not get possession on it, or being reckless about that, is also an offence if the tenant then leaves within four months without a court order (s.16J(1)).

Frequently asked questions

Related guides

• Every Section 8 ground, with notice periods
• How to end a tenancy after Section 21 is abolished
• Periodic tenancies explained

Disclaimer: This article is general information, not legal advice. For advice on your situation, speak to a housing solicitor.