How do I serve a Section 8 Ground 1A notice to reclaim my rental property to live in?
Ground 1A is a mandatory Section 8 ground that allows a landlord, or a qualifying family member, to reclaim possession of a rental property to use as their only or principal home. Under the Renters' Rights Act 2025, you must give two months' notice and the court must grant possession if the ground is made out — unless retaliatory eviction is found.
Legal basis
- Housing Act 1988, Sch. 2, Ground 1A (as inserted by Renters' Rights Act 2025, s.14)
- Renters' Rights Act 2025, s.14 (new mandatory ground for landlord occupation)
- McDonald v McDonald [2016] UKSC 28 (proportionality of possession in the PRS)
- Renters' Rights Act 2025, s.22 (retaliatory eviction provisions)
Ground 1A is a mandatory possession ground introduced by the Renters' Rights Act 2025. It replaces the previous Ground 1 (which required the landlord to have occupied the property before the tenancy) with a simpler test: the landlord or a specified family member must genuinely require the dwelling as their only or principal home. No prior occupation is needed.
The ground covers the landlord themselves, their spouse or civil partner, a parent or grandparent, a child or grandchild, or a sibling — including step and adopted relatives. The qualifying person must intend to genuinely occupy the property as their principal home, not merely as an investment vehicle or holiday home.
Courts scrutinise Ground 1A notices carefully under the Renters' Rights Act 2025's enhanced anti-retaliation provisions. If a tenant has recently made a complaint to the council, applied to the tribunal to challenge rent, or exercised any statutory right in the previous six months, the court may refuse possession on grounds of retaliation. Landlords should ensure their genuine intention is clearly documented — a letter from the family member stating their intention to occupy is a useful precaution.
Common mistakes to avoid
- Serving the notice within six months of a tenant making a formal complaint — courts will scrutinise this as potential retaliatory eviction.
- Naming a family member who does not meet the qualifying relationship test (e.g. a cousin, uncle, or friend does not qualify).
- Failing to specify clearly which qualifying person will be occupying the property.
- Not giving the full two-month notice period before the date the tenant is required to leave.
- Letting the property back out to a different tenant within 12 months of recovering possession — this can expose you to significant penalties.
Frequently asked questions
Does Ground 1A apply to new tenancies started after the Renters' Rights Act 2025?
Yes. Ground 1A applies to all assured periodic tenancies in England created on or after 1 May 2026, and to those converted from fixed-term ASTs on that date.
What happens if I serve a Ground 1A notice and then don't move in?
If possession is granted on Ground 1A and the qualifying person does not occupy the property as their principal home within three months, the tenant (or former tenant) may have grounds to claim compensation and the landlord may face financial penalties.
Can I use Ground 1A if I'm the sole director of a company that owns the property?
Ground 1A applies to individual landlords and their families. A corporate landlord cannot use Ground 1A because a company cannot 'occupy' a property as its principal home.
Do I need to go to court after serving a Ground 1A notice?
Only if the tenant does not vacate voluntarily by the date specified in the notice. If they remain in occupation, you must apply to the County Court for a possession order — you cannot physically remove a tenant without a court order.
Is Ground 1A the same as Section 21?
No. Section 21 has been abolished by the Renters' Rights Act 2025. Ground 1A is a Section 8 mandatory ground — it requires you to prove the genuine intention to occupy, but once proved, the court must grant possession.
Can I serve a Ground 1A notice at any time in the tenancy?
Yes. Unlike the old Ground 1, there is no requirement that the property was previously your home. You can serve a Ground 1A notice at any point during a periodic tenancy, provided you give two months' notice.
What evidence should I keep to support a Ground 1A claim?
Keep a written statement from the person who will be occupying the property, utility bills or correspondence confirming their current address, and any estate agent or surveyor letters if you are selling your current home to fund the move.