A landlord who wants to move in, or needs the home for a close relative, can ask for it back on Ground 1 of Schedule 2 to the Housing Act 1988. Since 1 May 2026 that takes a Section 8 notice with at least four months' notice and a date at least a year after the tenancy began. If the tenant stays, it also takes a court order. From the day the notice is served, the landlord cannot let the home or advertise it to let until the restricted period ends, and a breach can bring a council penalty of up to £40,000. Our Section 8 notice article covers the form and service.
The short version
- Who: the landlord, their partner or a named close relative, as their only or principal home.
- When: four months' notice, with no date in the tenancy's first year.
- From service: no letting or marketing to let during the restricted period, unless an exception applies.
Who counts as family for Ground 1?
The ground applies when the landlord "requires the dwelling-house as the only or principal home" of one of these people, in the wording Schedule 1 to the Renters' Rights Act 2025 substituted from 1 May 2026:
- the landlord;
- the landlord's spouse or civil partner, or a person they live with as if married or in a civil partnership;
- the landlord's parent, grandparent, sibling, child or grandchild;
- a child or grandchild of that spouse, civil partner or partner.
Half-blood relationships count as whole blood.
So what: aunts, uncles, nieces, nephews, in-laws and friends are not on the list. A landlord who wants the home for a relative to let out to someone else does not fit the words, on our reading. Neither the Act nor GOV.UK sets a minimum time the person must live there. Misuse of the ground is dealt with under section 16J.
What changed for a landlord who wants to move in?
| Point | Before 1 May 2026 | From 1 May 2026 |
|---|---|---|
| Warning at the start | Written notice before the tenancy began that Ground 1 might be used, unless the court dispensed with it. | No such condition. |
| Who | The landlord or their spouse or civil partner, or a landlord who had lived there before. | The wider list above, with no earlier-occupation route. |
| Notice | At least two months (old section 8(4A)). | At least four months (section 8(4AA)). |
Ground 1A, for a landlord who intends to sell, also has four months. The family exception to the re-let ban applies to Ground 1 only. Ground 1A cannot be used against a legacy assured tenancy (made before 1 May 2026 and not a shorthold; S.I. 2026/421, regulation 5), while Ground 1 can. Our article on selling with a tenant in situ covers 1A.
What is the Ground 1 notice period, and what about the first year?
You can serve the notice in the first 12 months, but it cannot take effect inside them. The ground needs the current tenancy to have begun at least a year before the "relevant date", which is the date specified in the notice. Both the first day of the tenancy and the relevant date are counted.
On our reading a tenancy starting on 1 September 2026 is a year old on 31 August 2027. Do not plan to the day: name the anniversary or later.
Section 146(1) of the Renters' Rights Act says an existing tenancy continues after 1 May 2026, so that date does not restart the year. Section 147 treats a fixed term and the periodic tenancy that follows it as one tenancy that began when the fixed term did.
What do you have to prove, and what should you keep?
The test is that the landlord "requires" the home, and the Act does not say what evidence satisfies it. GOV.UK says you will need to give the court evidence if the tenant does not leave, and a court will order possession only if the deposit rules are met. The ground is mandatory: the judge must order possession once satisfied, subject to the tenant's Convention rights (section 7(3)). Form 3A guidance says a judge can delay the leaving date by up to six weeks for exceptional hardship.
Section 16E(1)(e) bars relying on a ground unless you reasonably believe you may obtain an order on it. Our suggestions for a file:
- a dated note of who will live there and why;
- proof of their relationship;
- the signed Form 3A with proof of service, and the deposit certificate;
- a diary date for the end of the restricted period.
A defective Form 3A can itself be a purported notice under section 16E(1)(d).
Can a landlord re-let after Ground 1?
Not within the restricted period. Under sections 16E and 16M you must not let the home on a term of 21 years or less, or let someone occupy it under a paid licence, and neither you nor anyone acting for you may market it for either. The period begins when the notice is served and ends on the last day of the 12 months beginning with the earliest court date named in the notice. It ends early if the court makes a possession order on a different ground, and it runs 12 months from filing if there was no notice (section 16M(4), (7)).
Section 16F lifts the ban where the tenant or licensee is one of the people Ground 1 names, or one of them also lives there as their only or principal home. On our reading the test applies when you let or market, so it does not cover a later let after they have moved out.
So what: tell any letting agent in writing. The reasonable-steps defence in section 16J(2) covers only those marketing otherwise than as the landlord. GOV.UK's enforcement guidance reads as if it protects landlords too; the statute does not say so.
What are the penalties?
| Breach | Section | Maximum |
|---|---|---|
| Letting or marketing in the restricted period | 16J(2), 16K | £40,000 council penalty as an alternative to prosecution. A conviction brings "a fine", with no figure in the section. |
| Relying on a ground knowing, or reckless as to whether, an order would follow, if the tenant surrenders within four months without an order | 16J(1), 16K | £40,000 |
| The same without a reasonable belief you may get an order | 16E(1)(e), 16I | £7,000 |
The council is the local housing authority, which in Edmonton is Enfield Council. A tenant or former tenant can also apply to the First-tier Tribunal for a rent repayment order over the letting and marketing breach or the misuse of a ground. It covers up to two years of rent, ending with the date of the offence or, if earlier, the date the tenancy ended (Housing and Planning Act 2016, sections 40, 41 and 44, as amended by Renters' Rights Act, section 98).
A dated example
An illustration with invented dates. A tenancy begins on 1 September 2026. On 1 March 2027 the landlord serves a Ground 1 notice because their daughter needs the home.
| Date | What happens |
|---|---|
| 1 March 2027 | Notice served. The restricted period starts. |
| 30 June 2027 | Four months from 1 March end here, so 1 July 2027 is the earliest date on notice alone. The tenancy is then ten months old, which fails the one-year test. |
| 1 September 2027 | The date the landlord names: the first anniversary and earliest day proceedings can begin. |
| 28 February 2028 | Safe last day to start proceedings: the notice lasts 12 months from service, so allow a margin. |
| 31 August 2028 | The restricted period ends, 18 months after service. |
Will the landlord register affect a Ground 1 claim?
Section 90 of the Renters' Rights Act would add section 7(5ZC) to the 1988 Act. A court could not make a possession order while the landlord is in breach of the duty in section 82(3)(a) to keep active entries on the new landlord database, unless the ground is 7A or 14. Ground 1 is not exempt. Both are in force only for specified purposes, and the three commencement regulations on legislation.gov.uk (S.I. 2025/1354, 2026/421, 2026/638) do not bring them in.
The draft database regulations, laid on 9 September 2026, bring the regulations into force in London on 15 July 2027. That date starts the regulations, not the possession bar. Parliament's procedure browser on 17 October 2026 shows the Joint Committee on Statutory Instruments considered them on 14 October with no approval yet. Our landlord register article has the detail.
So what: once the bar is in force, a landlord who has not kept active entries could not get an order on Ground 1 while in breach. No date has been set for it. If a claim could run into 2027, check the register timetable before you serve.
What if my plans change or the court wants more evidence?
The sources do not say what evidence a court will accept that a relative "requires" the home, or whether "child" and "parent" include step relatives.
If you are weighing moving in against letting on, talk to our lettings team or read our Renters' Rights Act guide.
Questions readers ask
Who counts as a family member for Ground 1?
Ground 1 names the landlord, their spouse, civil partner or partner living as if married, and the landlord's parent, grandparent, sibling, child or grandchild. It also names a child or grandchild of that partner. Half-blood relationships count as whole blood. The wording does not list aunts, uncles, nieces, nephews, in-laws or friends.
Can I serve a Ground 1 notice in the first year of the tenancy?
Yes, but the date in the notice cannot fall before the tenancy is a year old. The ground needs the current tenancy to have begun at least one year before that date, counting both days. Two rules apply and the later date wins: four months after service, and a year after the tenancy began. For a notice served in the first eight months or so, the one-year date is the later one.
Can I re-let the property after using Ground 1?
Not during the restricted period, which runs from the day you serve the notice to the end of the 12 months that begin on the earliest court date in the notice. The ban covers lets of 21 years or less, paid licences and marketing to let. It does not apply if the occupier is a person Ground 1 names, or one of them also lives there as a main home.
What if my tenant leaves before the court date?
The restricted period still runs, because it starts when you serve the notice. If the tenant surrenders within four months without an order, the council can impose a penalty of up to £7,000 where you did not reasonably believe you may obtain an order, or up to £40,000 where you knew, or were reckless as to whether, no order would follow.
Does Ground 1 apply to a tenancy that began before 1 May 2026?
Yes, the ground applies to private assured tenancies from 1 May 2026, including earlier ones. Section 146 of the Renters' Rights Act says an existing tenancy continues after that date, so on our reading the year is counted from when it began. Ground 1A is different: it cannot be used against a legacy assured tenancy that was not a shorthold.
Sources
- GOV.UK, Grounds for possession guidance, updated 1 May 2026.
- GOV.UK, Repossessing your privately rented property, last updated 13 July 2026.
- GOV.UK, Enforcement measures for landlords, published 1 May 2026.
- GOV.UK, Form 3A legal wording and guidance, 1 May 2026.
- legislation.gov.uk, Housing Act 1988, Schedule 2, 7, 8, 16E, 16F, 16I, 16J, 16K, 16M, read on 17 October 2026.
- legislation.gov.uk, Renters' Rights Act 2025, Schedule 1, 82, 90, 98, 146, read on 17 October 2026.
- legislation.gov.uk, Housing and Planning Act 2016, sections 40, 41 and 44, read on 17 October 2026.
- legislation.gov.uk, S.I. 2025/1354, 2026/421, 2026/638, read on 17 October 2026.
