Loading...
The landlord or a close family member intends to occupy the property as their only or principal home.
Ground 1 of Schedule 2 to the Housing Act 1988 allows a landlord to recover possession of a dwelling where the landlord, or a member of the landlord's family, intends to occupy it as their only or principal home. This is one of the most commonly used mandatory grounds for possession.
To rely on Ground 1, the landlord must demonstrate a genuine intention to live in the property. The court will look at evidence such as the landlord's current living arrangements, any property they already own, and whether the stated intention is realistic and credible. A speculative or vague desire to move in at some unspecified future date will not be sufficient.
Under the Renters' Rights Act 2025, Ground 1 is subject to a 12-month restriction. This means a landlord cannot serve a Section 8 notice relying on this ground during the first 12 months of the tenancy. The restriction is designed to give tenants a minimum period of security at the start of a new tenancy. If a notice is served within the restricted period, it will be invalid.
The notice period for Ground 1 is 4 months. The landlord must serve the tenant with a Section 8 notice specifying Ground 1 and giving at least 4 months before proceedings can begin. Court proceedings must then be issued within 12 months of the notice being served, or a fresh notice will be required.
Because Ground 1 is a mandatory ground, the court must grant a possession order if the landlord proves that the ground is made out. The judge has no discretion to refuse the order on grounds of reasonableness. However, the court can scrutinise whether the landlord's stated intention is genuine. If the landlord re-lets the property within 12 months of obtaining possession, this may be evidence that the ground was used in bad faith, and the tenant could seek compensation.
The Renters' Rights Act 2025 also introduces penalties for misuse of certain grounds. If a landlord obtains possession under Ground 1 and then re-markets the property for rent within 12 months, the local authority can impose a financial penalty. This is intended to prevent landlords from using the ground as a backdoor route to ending a tenancy without a genuine intention to move in.
A properly drafted tenancy agreement makes it far easier to rely on Section 8 grounds if things go wrong. Generate your complete RRA-compliant document pack in minutes.
This guide is for general information only and does not constitute legal advice. While we make every effort to ensure accuracy, the law may change and individual circumstances vary. You should always seek independent legal advice before taking action to recover possession. TenancyPack is not regulated by the Solicitors Regulation Authority.