Ground 1: Landlord or close family moving in
How and when you can use the new mandatory Ground 1 to take back your own home.
Ground 1 is one of the new mandatory grounds under the Renters' Rights Act 2025. It lets a landlord seek possession of an assured tenancy if the landlord, or a close family member, intends to occupy the property as their only or principal home.
It is a direct replacement for one of the most common everyday uses of the now-abolished Section 21. The court must grant possession if the ground is correctly proved, but the rules around timing and re-letting are stricter than under Section 21.
What you need
- A clear intention that you, or a close family member (parent, grandparent, sibling, child, grandchild, or your spouse/partner) will move in.
- The tenancy must have started at least 12 months before you serve the notice. You cannot use Ground 1 in the first 12 months.
- A correctly served Form 3A specifying Ground 1 as the basis.
- Evidence of intention if challenged (e.g. correspondence, a sale of your other home, school registrations for children, etc.).
Notice period
You must give the tenant at least 4 months written notice using Form 3A. The notice must clearly state Ground 1 and identify the family member moving in by relationship to you.
Re-letting restriction
If you obtain possession under Ground 1 and then change your mind, you cannot re-let or market the property to a new tenant for 12 months from the date the previous tenant moved out. Local authorities can investigate compliance and impose civil penalties.
Common mistakes
- Re-letting within 12 months of the tenant moving out is prohibited and can trigger civil penalties up to £40,000.
- Marketing the property for let in those 12 months also breaches the rules.
- Vague evidence of intention often fails at hearing. Document the move-in plan now, before serving notice.
- The 4-month notice cannot be shortened, even if both parties agree informally.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.