Ground 1 Under the Renters’ Rights Act 2025: Can a Landlord Move Back Into Their Rental Property?

The Renters’ Rights Act 2025 represents the biggest change to the private rented sector in a generation. With the abolition of Section 21 “no fault” evictions, landlords across England are understandably asking one very important question:

What Happens If I Genuinely Need My Property Back?

The good news is that landlords still retain the right to recover possession of their property in legitimate circumstances. One of the most important of these is Ground 1 under the updated Section 8 framework.

Ground 1 allows a landlord to regain possession of a property if they, or a close family member, intend to move into the property as their main home.

At Stepping Stones Letting, we are already seeing a sharp rise in landlords using Ground 1 since the new legislation came into force on 1 May 2026. Over the coming months we will be producing a series of detailed guides explaining the updated possession grounds and what they mean in practice.

This article explains exactly how Ground 1 works, when it can be used, what evidence may be required, and the common mistakes landlords must avoid.

Can a Landlord Move Back Into a Rental Property?

In short, yes.

Under the Renters’ Rights Act 2025, landlords can still recover possession of their property if they genuinely intend to live in it themselves, or if they need it for a close family member to occupy as their main residence.

This is now dealt with through Ground 1 of Section 8.

This has become increasingly important because Section 21 notices have now been abolished. Landlords can no longer simply serve a “no fault” notice to end a tenancy. Instead, possession must be based on one of the statutory grounds laid out in the legislation.

Ground 1 is therefore one of the key routes available to landlords who have a legitimate need to recover their property for personal or family occupation.

What Exactly Is Ground 1?

Ground 1 is a mandatory possession ground.

This is extremely important. A mandatory ground means that if the landlord can prove the ground applies, and the correct legal procedure has been followed, the court must grant possession. The judge does not have discretion to refuse possession simply because they sympathise with the tenant.

To succeed under Ground 1, the landlord must show that:

They genuinely intend to occupy the property as their main home; or
A qualifying close family member intends to occupy the property as their main home.

The intention must be genuine and credible. Courts are likely to scrutinise claims carefully, particularly in the early years following the abolition of Section 21.

Ground 1, Ground 1A and Ground 1B – Understanding the Difference

One area already causing confusion among landlords is the distinction between the new possession grounds.

The updated legislation separates personal occupation, sale, and specialist schemes into different categories.

Ground 1

Used when:

The landlord intends to move back into the property; or
A close family member intends to live there.

Ground 1A

Used when:

The landlord intends to sell the property.

Ground 1B

Applies to:

Buy-to-rent schemes operated by Private Registered Providers.

This distinction matters because landlords must use the correct ground on the notice paperwork. Using the wrong ground can invalidate the notice entirely.

This article focuses specifically on Ground 1.Who Counts as a Close Family Member?

The legislation refers to “close family members”, but many landlords are unsure exactly who falls within this definition.

Government guidance generally includes:

Parents
Parents-in-law
Sons and daughters
Sons-in-law and daughters-in-law
Stepparents
Stepchildren
Brothers and sisters
The spouse or partner of any of the above

In practical terms, this means a landlord may legitimately use Ground 1 if, for example:

Their adult son or daughter needs somewhere to live
An elderly parent is moving in
A sibling is relocating
A recently separated family member requires accommodation

However, the occupation must be genuine. The courts are likely to look carefully at whether the move is legitimate or whether Ground 1 is being used improperly as a replacement for the abolished Section 21 process.

What Notice Must Be Given Under Ground 1?

Landlords using Ground 1 must provide tenants with four months’ notice.

This notice must be served using the official Form 3A Section 8 Notice.

The notice must:

Clearly state Ground 1
Include the correct notice period
Be completed accurately
Be properly served on the tenant

Mistakes on the form can have serious consequences.

At Stepping Stones Letting, we are already seeing cases where landlords have downloaded outdated forms, used incorrect dates, or failed to cite the grounds correctly.

Errors like these can result in:

Delays
Court adjournments
Dismissed claims
Additional legal costs
Months of further occupation by the tenant

This is why professional handling of notices has become increasingly important under the new regime.

Can Ground 1 Be Used During the First 12 Months?

Not immediately.

The Renters’ Rights Act introduced a “protected period” during the first year of a tenancy.

Ground 1 cannot be used to force possession during the first 12 months of occupation.

However, there is an important nuance here.

A landlord can still serve notice during that first year, provided the notice period does not expire until after the 12-month protected period ends.

Example

A tenancy begins in January 2026.

In September 2026, eight months into the tenancy, the landlord decides their daughter needs to move into the property.

The landlord serves a Ground 1 notice in September 2026.

Because the notice period is four months, the notice expires in January 2027 — after the protected period has ended.

The possession process is therefore lawful.

This distinction is important because it allows landlords to plan ahead where family circumstances change unexpectedly.

What Happens If the Tenant Does Not Leave?

One of the biggest misconceptions among landlords is that serving notice automatically ends the tenancy.

It does not.

If the tenant remains in the property after the notice expires, the landlord must apply to the county court for a possession order.

This involves:

Filing a possession claim
Completing the particulars of claim
Paying the court fee
Providing supporting evidence

The court then issues a “notice of issue” to the tenant, together with a response pack.

At this stage the tenant may:

Leave voluntarily
Defend the claim
Raise counterclaims
Challenge the validity of the notice

Many tenants leave once formal court proceedings begin, but not all do.

What Happens at the Court Hearing?

If the matter proceeds to a hearing, a judge will consider:

Whether Ground 1 genuinely applies
Whether the landlord followed the correct procedure
Whether all compliance obligations were met
Whether the evidence supports the claim

If satisfied, the judge will grant possession.

Usually the tenant will then be given:

14 days to vacate the property

However, judges can extend this in cases involving hardship or exceptional circumstances.

In some cases, tenants may receive:

28 days
42 days (the statutory maximum in many circumstances)

If the tenant still refuses to leave, the landlord must then apply for a bailiff warrant or enforcement action.

How Long Does the Possession Process Take?

Unfortunately, there is no universal answer.

Court timelines vary dramatically depending on location and local court backlogs.

Some courts may process claims within:

10–12 weeks

Others may take:

Six months
Eight months
Or even longer

The relevant court is determined by the location of the property. Landlords cannot choose a faster court elsewhere.

This is one reason why serving notices correctly the first time is absolutely critical. A small error can mean starting the entire process again from scratch.

Compliance Requirements Before Using Ground 1

This is one of the most important sections of all.

Before relying on Ground 1, landlords must ensure the tenancy is fully compliant.

The court will expect evidence that:

The tenant’s deposit was correctly protected
Prescribed information was served
Gas safety requirements were met
EPC documentation was provided
Electrical safety obligations were complied with

Failure in any of these areas can seriously undermine a possession claim.

Deposit Protection

The deposit must:

Be protected in a government-approved scheme
Have prescribed information properly served

Poor record-keeping around deposits is still one of the most common causes of failed possession claims.

Gas Safety

A valid gas safety certificate must have been supplied to the tenant where applicable.

Energy Performance Certificate

The tenant must have received a valid EPC.

Electrical Safety

Electrical Installation Condition Reports must be current and compliant.

What Evidence Might Be Needed?

The legislation makes clear that the landlord’s intention must be genuine.

That means the court may expect supporting evidence.

Potential evidence may include:

Witness statements
Evidence of relocation
Sale of another property
Termination of another tenancy
Employment relocation
Family circumstances
Medical reasons
Evidence that the property will genuinely become the occupier’s main residence

The stronger the evidence, the more robust the claim.

Landlords should avoid casual or speculative use of Ground 1. Courts are likely to take an increasingly firm approach to weak or poorly evidenced claims.

Why Professional Advice Matters More Than Ever

The end of Section 21 has fundamentally changed the landscape for landlords.

Possession claims are now more procedural, more evidence-driven, and more vulnerable to technical mistakes.

Tenants are also becoming increasingly aware of:

Their rights
Court delays
Procedural errors
Defences available to them

A defective notice can easily result in:

Months of delay
Additional legal fees
Lost rent
Mortgage pressure
Significant stress

This is why many landlords are now turning to experienced property professionals to manage the process from the outset.

Ground 1 Is Already One of the Most Common Possession Grounds

Since the Renters’ Rights Act came into force on 1 May 2026, Ground 1 has quickly become one of the most frequently used possession grounds we are seeing.

There are many reasons for this:

Landlords returning from overseas
Family members requiring accommodation
Relationship breakdowns
Changes in employment
Financial pressures
Retired landlords moving back into former homes

In many cases, landlords are not seeking possession because of problems with the tenant at all — simply because their own circumstances have changed.

The law recognises this reality.

How Stepping Stones Letting Can Help

At Stepping Stones Letting, we understand how stressful possession proceedings can be for landlords.

The Renters’ Rights Act has introduced an entirely new legal landscape, and getting the process wrong can be extremely costly.

We can assist landlords with:

Ground 1 possession advice
Section 8 notice preparation
Notice serving
Compliance reviews
Court preparation
Possession proceedings
Tenant communication
Documentation audits

Our aim is always to ensure that possession claims are:

Legally compliant
Properly evidenced
Professionally handled
As efficient as possible

With over twenty years serving landlords across the region, we understand the realities landlords now face and the importance of getting things right first time.

Final Thoughts

The abolition of Section 21 has undoubtedly changed the balance within the private rented sector.

However, landlords still retain the right to recover possession where there is a legitimate reason to do so.

Ground 1 exists to protect landlords whose personal or family circumstances genuinely require them to move back into their property.

The key to success lies in:

Following the correct legal process
Serving notices properly
Maintaining full compliance
Providing credible evidence
Acting promptly and professionally

For landlords, preparation is now more important than ever.

If you are considering regaining possession of your property under Ground 1 — or simply want advice on your position under the new legislation — contact Stepping Stones Letting and we will be happy to help.