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

TL;DR: Ground 1A is a mandatory possession ground under the Renters' Rights Act 2025 that allows landlords to recover a rental property for personal occupation or for a qualifying family member. You cannot use it during the first 12 months of a tenancy. If you meet the eligibility rules and serve a valid four-month notice, the court must grant possession — there is no discretion. However, you must prove your intention is genuine and not a pretext, and the definition of "close family member" is strictly limited to spouse, children, and parents.

This guide was written by the LandlordReady compliance team. We specialise in helping small private landlords understand their obligations under the Renters' Rights Act 2025 and related regulations. This article reflects legislation as of May 2026.

When You Need Your Property Back

Life circumstances change. You may have let out a property while working elsewhere, or a family member may now need somewhere to live. Whatever the reason, the law recognises that landlords sometimes have a genuine need to recover their property for personal occupation.

Under the Renters' Rights Act 2025, Ground 1A of Schedule 2 to the Housing Act 1988 provides a mandatory ground for possession where the landlord, or a close family member, wishes to occupy the property as their only or principal home. For private landlords in England, this is now the primary route for recovering a property for personal occupation since Section 21 was abolished under the Renters' Rights Act 2025.

Ground 1A is a mandatory ground — if you can prove you meet the requirements, the court must grant possession. There is no judicial discretion.

Understanding Ground 1A

Ground 1A replaces and refines the previous Ground 1 under the old regime. The principle remains the same: a landlord who genuinely needs the property for their own use, or for a close family member, can recover it. However, the Renters' Rights Act has introduced important safeguards to prevent misuse.

Who Qualifies as a "Close Family Member"?

The Act defines close family members as:

• The landlord's spouse or civil partner
• The landlord's children or stepchildren
• The landlord's parents or step-parents

The 12-Month Protected Period

Schedule 2, Ground 1A to the Housing Act 1988 (as amended by the Renters' Rights Act 2025) states that Ground 1A cannot be used during the first 12 months of a tenancy. This protected period is designed to prevent landlords from granting short tenancies with the intention of recovering the property almost immediately.

The Notice Requirements

To use Ground 1A, you must wait 12 months from the tenancy start, serve a valid Section 8 notice specifying Ground 1A (minimum four months' notice), and apply to the county court if the tenant does not leave.

Getting the notice right is essential. An invalid notice will delay your possession claim and may require you to start the process again from scratch.

1. Confirm eligibility. Ensure at least 12 months have passed since the tenancy began and that you (or a qualifying family member) genuinely intend to occupy the property as your only or principal home.
2. Serve the correct Section 8 notice. Use the prescribed form, specifying Ground 1A. The notice must clearly state the ground relied upon and give the tenant at least four months' notice.
3. Allow the notice period to expire. You cannot apply to the court until the four-month notice period has passed and the tenant has not vacated.
4. Apply to the county court. If the tenant does not leave, you must issue possession proceedings. You cannot change the locks or take matters into your own hands.
5. Attend the hearing. Be prepared to present evidence that your intention to occupy is genuine. Under Section 8(1) of the Housing Act 1988, Ground 1A is mandatory: if you satisfy the ground, the court must grant possession.

What Evidence Do You Need?

The court will look at whether your stated intention to move in (or to house a family member) is genuine. According to the statutory framework and guidance from Shelter, statute does not mandate specific evidence types; courts apply common law principles of genuineness, as established in Housing Act case law. This is where many landlords fall down — not because they are being dishonest, but because they fail to document their plans adequately.

Evidence That Strengthens Your Case

✓ Written statement of your intention and timeline | ✓ Proof of current living situation (e.g., you are selling your current home, your lease is ending, or you are returning from overseas) | ✓ Evidence of job/family change (correspondence showing the family member's housing need) | ✓ Documentation of property history (evidence that you have not recently purchased the property purely as an investment with sitting tenants)

Evidence That Weakens Your Case

• Advertising the property for sale or re-letting shortly after gaining possession (this could also trigger issues with tenant deposit protection if handled incorrectly)
• A history of using Ground 1A across multiple properties in quick succession
• No clear timeline for when you intend to move in
• The property is unsuitable for your stated purpose (e.g., a studio flat for a family of four)

What Happens if You Do Not Move In?

The Renters' Rights Act includes an important anti-abuse provision. If you recover a property using Ground 1A and then re-let it within 12 months without having occupied it as intended, the former tenant may be entitled to compensation through a rent repayment order.

This provision carries real teeth. A rent repayment order can require you to repay up to 12 months' rent. It is designed to deter landlords from using the ground dishonestly, and Tribunals take it seriously.

The Prior Notice Requirement

One detail that catches landlords out is the prior notice requirement. For Ground 1A to be available, the landlord must have given the tenant written notice at the start of the tenancy (or before it began) that possession might be sought under this ground.

If you did not give this notice, Ground 1A may still be available, but it becomes discretionary rather than mandatory — meaning the court has the power to refuse possession even if you meet all other requirements. This is a significant distinction.

Practical Considerations

Timing

The four-month notice period, combined with potential court delays, means the process can take six to nine months from serving notice to regaining possession. Plan accordingly and do not assume you will have the property by a specific date.

Costs

Court fees, potential solicitor costs, and the possibility of the property being vacant during the transition should all be factored in. If you are relying on rental income to service a mortgage, discuss the timeline with your lender. You should also check whether your landlord insurance covers loss of rent during the possession process.

Communication

Whilst there is no legal requirement to explain your reasons to the tenant informally before serving notice, doing so can help. A tenant who understands that you genuinely need the property is more likely to cooperate and leave within the notice period, avoiding the need for court proceedings altogether.

Getting It Right First Time

Ground 1A is a powerful tool for landlords in England, but only if used correctly. The most common mistakes are serving an invalid notice, failing to provide evidence of genuine intent, and not including the prior notice in the original tenancy agreement. Avoid these, and the process is straightforward. For an overview of all the key dates in the Renters' Rights Act timeline, see our dedicated guide.

Further Reading

• How to End a Tenancy After Section 21 Is Abolished — All the possession routes now available to private landlords in England.
• Section 8 Ground 6: Redevelopment — Recovering your property for major works or demolition.
• Periodic Tenancy Explained for Landlords — How rolling tenancies work under the new rules.

Disclaimer: This article is informational and does not constitute legal advice. For advice specific to your situation, consult a solicitor or your local authority. LandlordReady does not provide legal representation.