Ground 1 (Landlord Moving In) Under the Renters' Rights Act 2025 (2026 Legal Guide) — Rules & Requirements
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Sourced from UK Acts of Parliament, statutory instruments, and official guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Ground 1 is the route a landlord uses when they (or a close family member) genuinely intend to occupy the property as their main home. It existed before the Renters' Rights Act 2025 — but the Act tightened it significantly to stop landlords from using it as a back-door eviction.
What changed under the RRA 2025:
- Notice period doubled to 4 months (Housing Act 1988 Schedule 2 as amended). Pre-RRA notice was 2 months.
- 12-month protected period at the start of the tenancy. No Ground 1 notice can expire within the first year. Practically, the landlord cannot serve notice in the first 8 months either — because the 4-month notice would then expire inside the protected window.
- 12-month re-letting restriction. If Ground 1 succeeds, the landlord is barred from re-letting or marketing the property for 12 months from the date possession was specified to begin. A council can issue a civil penalty of up to £7,000 for a first breach and pursue criminal prosecution for a deliberate breach.
- Evidence requirement. The landlord must convince the court of a genuine intention to move in. A bare assertion is not enough. Courts look for corroborating evidence — sale of the landlord's current home, a letter from an employer relocating the landlord, family circumstances.
Ground 1 is mandatory — once proven, the court has no discretion to refuse possession. But the genuineness test is the safety valve.
When does it apply?
- You are an assured tenant in England (post-1 May 2026 the default is an Assured Periodic Tenancy).
- The landlord has served (or is threatening to serve) a Section 8 notice on Form 3 citing Ground 1.
- The tenancy has run for at least 12 months (or the notice purports to expire after the 12-month anniversary).
- The intended occupier is the landlord themselves, or a qualifying family member — spouse, civil partner, cohabitee, parent, grandparent, child, grandchild, sibling, or step-equivalents.
What should you do?
- Verify the notice form. A Ground 1 notice must be on prescribed Form 3, must specify Ground 1 expressly in section 3, must give a date not less than 4 months from service, and that date must fall after the first anniversary of the tenancy. Defects on any of those points make the notice invalid.
- Check the date. If the notice was served in the first 8 months of the tenancy, or expires before the 12-month anniversary, the notice cannot lawfully be relied on.
- Ask for evidence. If you doubt the landlord's intention to occupy, write asking what evidence they will produce in court. Genuine claimants will share; speculative ones will not.
- Don't move out on the notice alone. The notice is a precursor to court proceedings. You are entitled to stay until the court orders possession. Most county court possession claims under Ground 1 take 4–8 weeks from issue to hearing.
- Defend at hearing — bring evidence of any inconsistencies in the landlord's account, any prior conversations suggesting the real motive was a rent increase or different tenant, and any breach of the 12-month re-letting restriction by the same landlord on a previous property.
- Monitor after possession. If the landlord re-lets within 12 months of the notice date, report to the local council's tenancy relations officer — civil penalties up to £7,000 apply (and up to £40,000 for continued breaches).
What should you NOT do?
- Don't ignore the notice. Even a defective one needs a response. Silence can complicate later possession-defence.
- Don't withhold rent in protest. Rent arrears at 3 months trigger Ground 8 (mandatory) independently of Ground 1.
- Don't accept a settlement offer requiring you to leave within 4 months without legal advice — the landlord may be trying to avoid the 12-month re-letting restriction by securing a voluntary surrender rather than a court order.
- Don't assume Ground 1 is interchangeable with Ground 1A. Ground 1 = move in. Ground 1A = sell. The evidence the landlord must produce, and the re-letting restrictions, differ.
About Housing Rights in United Kingdom
If you rent in England or Wales, your tenancy mostly runs under the Housing Act 1988. The Renters' Rights Act 2025 ends Section 21 'no-fault' evictions from 1 May 2026 and turns every assured shorthold into a rolling periodic tenancy. Repairs sit under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, deposits must be protected within 30 days, and discrimination is covered by the Equality Act 2010. Scotland and Northern Ireland have separate rules.
Common Questions
Can my landlord use Ground 1 within the first year of my tenancy?
No. The Renters' Rights Act 2025 added a 12-month protected period at the start of every tenancy. A Ground 1 notice cannot expire within that 12 months — so practically, no Ground 1 notice can be served in the first 8 months either, because the 4-month notice would expire too early.
What evidence does the landlord need to prove they intend to move in?
The court asks whether the landlord has a genuine, settled intention to occupy as a main home. Typical evidence: sale agreement on the landlord's current property, employer relocation letter, family circumstances such as a child moving back home or a parent needing care. A bare statement is not enough — and there is a real penalty if the landlord re-lets within 12 months of the notice.
What happens if the landlord re-lets the property within 12 months?
The re-letting restriction in the RRA 2025 makes it a breach of the Act to market or re-let the property for 12 months from the date specified in the Ground 1 notice. Local councils can issue civil penalties up to £7,000 for a first offence and up to £40,000 for repeated or continued breaches. Tenants can also bring a Rent Repayment Order application for up to 24 months of rent.
Which family members qualify under Ground 1?
Spouse or civil partner (including former); cohabitee of at least two years; parent or grandparent; sibling, half-sibling, or step-sibling; child, grandchild, step-child, or fostered child. The relationship can be by blood, marriage, civil partnership, or step-equivalent. Cousins, aunts and uncles, and in-laws beyond spouse / partner do not qualify.
What is the ground 1: landlord or family moving in — notice, evidence, and the 12-month rule right in United Kingdom?
Ground 1 is the route a landlord uses when they (or a close family member) genuinely intend to occupy the property as their main home. It existed before the Renters' Rights Act 2025 — but the Act tightened it significantly to stop landlords from using it as a back-door eviction.What changed under the RRA 2025:Notice period doubled to 4 months (Housing Act 1988 Schedule 2 as amended). Pre-RRA notice was 2 months.12-month protected period at the start of the tenancy. No Ground 1 notice can expire within the first year. Practically, the landlord cannot serve notice in the first 8 months either —...
When does ground 1: landlord or family moving in — notice, evidence, and the 12-month rule apply?
You are an assured tenant in England (post-1 May 2026 the default is an Assured Periodic Tenancy).The landlord has served (or is threatening to serve) a Section 8 notice on Form 3 citing Ground 1.The tenancy has run for at least 12 months (or the notice purports to expire after the 12-month anniversary).The intended occupier is the landlord themselves, or a qualifying family member — spouse, civil partner, cohabitee, parent, grandparent, child, grandchild, sibling, or step-equivalents.
What should I do about ground 1: landlord or family moving in — notice, evidence, and the 12-month rule?
Verify the notice form. A Ground 1 notice must be on prescribed Form 3, must specify Ground 1 expressly in section 3, must give a date not less than 4 months from service, and that date must fall after the first anniversary of the tenancy. Defects on any of those points make the notice invalid.Check the date. If the notice was served in the first 8 months of the tenancy, or expires before the 12-month anniversary, the notice cannot lawfully be relied on.Ask for evidence. If you doubt the landlord's intention to occupy, write asking what evidence they will produce in court. Genuine claimants wi...
What mistakes should I avoid with ground 1: landlord or family moving in — notice, evidence, and the 12-month rule?
Don't ignore the notice. Even a defective one needs a response. Silence can complicate later possession-defence.Don't withhold rent in protest. Rent arrears at 3 months trigger Ground 8 (mandatory) independently of Ground 1.Don't accept a settlement offer requiring you to leave within 4 months without legal advice — the landlord may be trying to avoid the 12-month re-letting restriction by securing a voluntary surrender rather than a court order.Don't assume Ground 1 is interchangeable with Ground 1A. Ground 1 = move in. Ground 1A = sell. The evidence the landlord must produce, and the re-lett...