Section 8 Ground 1: landlord or family moving in
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Direct answer
Ground 1 is a mandatory possession ground used when the landlord, or a close member of their family, genuinely intends to occupy your home as their only or principal residence. Since 1 May 2026, it cannot require possession within the first 12 months of the tenancy, and the notice period is 4 months.
Received a notice citing this ground? Run the free Section 8 notice checker.
This is legal information, not legal advice. If your situation is urgent or already in court, call Shelter on 0808 800 4444 or contact your local Citizens Advice for free expert advice.
Free checkers
- Section 8 checker
Run the free interactive Section 8 checker for a personalised analysis based on your facts. - All Section 8 grounds
Browse the hub of the main Section 8 possession grounds private renters face.
Other Section 8 grounds of the same type
- Section 8 Ground 1A: landlord intends to sell
Ground 1A, HA 1988: landlord intends to sell. Mandatory, 4 months notice, 12-month protected period, compulsory-acquisition exception, and proof explained. - Section 8 Ground 2: mortgage lender requires possession
Ground 2, Schedule 2 HA 1988: mortgagee sale with vacant possession. Current 4-month notice and date-dependent legacy conditions explained. - Section 8 Ground 5: property required for a minister of religion
Ground 5, Schedule 2 HA 1988: property required for a minister of religion. Mandatory ground, 2 months notice, conditions and defences explained. - Section 8 Ground 6: demolition, reconstruction, or substantial works
Ground 6, Schedule 2 HA 1988: landlord intends to demolish, reconstruct, or carry out substantial works. Mandatory ground, 4 months notice, key defences. - Section 8 Ground 7: death of the former tenant
Ground 7, Schedule 2 HA 1988: tenancy inherited under a will or intestacy. Mandatory ground with residence, timing, and 2-month notice rules explained. - Section 8 Ground 7A: serious anti-social behaviour
Ground 7A, Schedule 2 HA 1988: qualifying serious anti-social or criminal behaviour. Current immediate proceedings and 14-day order floor explained.
Related guidance inside this topic
- If your next step turns on Section 8 grounds and possession procedure, read challenge an eviction notice in England.
- For the dates, forms, and evidence behind Section 8 grounds and possession procedure, see possession timeline guide before you respond.
- If this issue overlaps with Section 8 grounds and possession procedure, check eviction court hearing guide to compare the legal tests.
- For a fuller breakdown of Section 8 grounds and possession procedure, use what invalidates a Section 8 notice for the underlying rule set.
- If you need the route-specific rules on Section 8 grounds and possession procedure, start with Section 8 notice checker so you can check the dates and documents against your own case.
Sources used for this guide
These are primary legislation and public guidance sources that support the legal-information framework used on this page.
- Housing Act 1988
Primary statute for assured tenancies, Section 8 possession notices, Schedule 2 grounds, and legacy Section 21 rules. - Renters' Rights Act 2025
Primary reform statute referenced by these guides for the 2026 private rented sector changes in England. - GOV.UK assured tenancy forms guidance
Official forms guidance for assured tenancy possession notices, including the current Section 8 notice forms used in England. - GOV.UK: grounds for possession tenant guidance
Government guidance for tenants on possession notices, grounds, court, possession order, and enforcement stages. - Shelter Legal: Section 8 notices
Shelter Legal guidance on Section 8 notice validity, Form 3, particulars, service, notice periods, and time limits.
Related articles
- Section 8 eviction grounds in 2026
The main guide to mandatory and discretionary Section 8 grounds, notice periods, evidence, and court reasoning. - Can my landlord evict me in 2026?
A route-selection guide for tenants trying to distinguish valid possession, informal pressure, and unlawful eviction. - Section 8 notice periods by ground in 2026
Section 8 notice periods by ground after 1 May 2026. Compare rent arrears, sale, occupation, breach and anti-social behaviour timings. - Section 8 Form 3A and Form 3: what tenants should check
Received a Section 8 notice in England? Check Form 3A or an older Form 3 for missing details, dates and grounds. Start a free notice check. - Possession order: what happens next?
What happens after a possession order in England: dates, suspended orders, outright orders, warrants, bailiffs, urgent advice, and evidence to keep.
Common questions
- Who counts as a 'close family member' for Ground 1?
- Ground 1 covers the landlord, the landlord's spouse, civil partner, or cohabitant, and the landlord's parent, grandparent, child, grandchild, or sibling (and their respective spouses, civil partners, or cohabitants). It does not cover cousins, nieces, nephews, or unrelated dependants.
- Can the landlord re-let after using Ground 1?
- After 1 May 2026, a landlord who serves notice relying on Ground 1 generally cannot market the property for re-let for 12 months from the date the notice was served (or the ground was used), not from the date possession is actually recovered. Doing so risks penalties from the local authority and can be used by you as evidence the original claim was not genuine if the matter is still open.
- What if the landlord's circumstances change before the hearing?
- If the family member who was meant to move in no longer needs the property, or the landlord's plans change, the factual basis for Ground 1 collapses. The court can refuse possession because the ground is no longer made out. Track changes in the landlord's circumstances and raise them at the hearing.
- Does a Ground 1 Section 8 notice mean I have to leave immediately?
- No. A Section 8 notice never gives a landlord the right to evict you on its own. Even after the notice period expires, the landlord must apply to the county court, win a possession order, and then book a court bailiff. Until a bailiff with a warrant attends, you do not have to leave. If anyone tries to remove you without that paperwork, that is illegal eviction.
- Where can I get free, urgent advice?
- Call Shelter on 0808 800 4444 or contact your local Citizens Advice. If you are at immediate risk of being locked out, contact the police and your local council's tenancy relations team. This guide is legal information, not legal advice.
Use the interactive checker on getrentersrights.com for the full step-by-step result.
