Sometimes circumstances change and you need your rental property back for yourself or a family member. Under the Renters' Rights Act 2025, you have a clear legal route to do this through Ground 1 of Schedule 2 to the Housing Act 1988, as amended. But the process requires careful attention to notice periods, evidence, and timing. Here is everything you need to know.
Ground 1: Landlord or Family Occupation
Ground 1 is a mandatory ground for possession. It allows you to regain your property if you or a close family member intends to occupy it as their only or principal home. Because it is a mandatory ground, the court must grant a possession order if you can prove that the ground is made out. The court has no discretion to refuse the order once the conditions are satisfied.
Under the Renters' Rights Act, "close family member" includes your spouse or civil partner, your parent, your grandparent, your child, your grandchild, and your sibling, as well as the spouse or civil partner of any of those relatives. This is a defined list, so aunts, uncles, cousins, and other more distant relatives do not qualify.
The Notice Period
You must serve the tenant with a Section 8 notice specifying Ground 1 and giving at least four months' notice. The notice must be in the prescribed form and must clearly state the ground you are relying on and the date after which court proceedings can begin. Four months is a significant period, so you should factor this into your planning. If you need the property by a specific date, count backwards and allow additional time for possible court proceedings.
The 12-Month Restriction
Ground 1 cannot be used during the first 12 months of a tenancy. This means that if you granted a new tenancy and then your circumstances changed, you must wait until at least 12 months have passed before you can serve notice under Ground 1. The restriction applies from the start of the tenancy, not from the date the Renters' Rights Act comes into force. This is designed to give tenants a reasonable period of security before a landlord can seek possession on this ground.
Prior Notice to the Tenant
It is strongly recommended, though not always strictly required, that you give the tenant prior notice at the start of the tenancy that you may wish to seek possession under Ground 1 in the future. Under the Housing Act 1988, if prior notice was given, the ground is straightforwardly mandatory. If prior notice was not given, the court may still grant possession if it considers it just and equitable to do so, but this introduces an element of judicial discretion that you would prefer to avoid.
Under the Renters' Rights Act, the requirement for prior notice is amended, but the principle remains: giving the tenant early warning that this is a possibility strengthens your position significantly. Include a clause in your tenancy agreement stating that Ground 1 may be relied upon, and consider providing a separate written notice at the start of the tenancy.
Evidence of Genuine Intention
You must be able to demonstrate that you or your family member genuinely intends to live in the property as their principal home. The court will expect evidence to support this. Evidence could include a statement explaining why you need the property, proof that you have sold or given notice on your current home, evidence of a family member's need to relocate, or any other documentation that supports the genuine nature of the claim.
The courts take a dim view of landlords who use Ground 1 dishonestly. If you obtain possession on this ground and then re-let the property instead of moving in, the former tenant may have a claim for compensation. The Renters' Rights Act introduces provisions to deter misuse of the mandatory grounds, including potential penalties for landlords who obtain possession and then do not follow through on their stated intention.
What Happens After You Serve Notice
Once you have served the Section 8 notice with four months' notice, the tenant may leave voluntarily before or at the end of the notice period. If they do, you can take back possession without going to court. If the tenant does not leave, you must apply to the court for a possession order. You cannot force the tenant out yourself, change the locks, or take any other self-help measures. Doing so would be an unlawful eviction, which is a criminal offence.
At the court hearing, you will need to prove that you or your close family member genuinely intends to occupy the property as their principal home. If the court is satisfied, it will grant a possession order, typically giving the tenant 14 days to leave, though this can be extended to up to 42 days in cases of exceptional hardship.
Practical Checklist
Before serving notice under Ground 1, make sure you have covered the following:
- Confirm the tenancy has been running for at least 12 months
- Check whether prior notice was given at the start of the tenancy
- Prepare evidence of your genuine intention to occupy the property
- Serve the Section 8 notice in the prescribed form with four months' notice
- Keep proof of service in case it is disputed
- If the tenant does not leave, instruct a solicitor to apply for a possession order
Take Action
Need to move into your rental property? Make sure you have the right paperwork. Generate your complete document pack for Section 8 notice templates and a compliant tenancy agreement.
Read our detailed guide on Section 8 grounds for possession or check the Notice Period Calculator to confirm the four-month timeline for Ground 1.