Landlord or family moving in? How Ground 1 eviction works (England)
Last verified: 9 October 2026 by LexSpeakAI Editorial. Sources: Housing Act 1988, Renters’ Rights Act 2025, S.I. 2026/421, Housing Act 2004.
A private landlord who needs the home for themselves or a close family member can seek possession on Ground 1. It is a mandatory ground and needs four months’ notice. The tenancy must have begun at least a year before the date given in the notice for possession. Unlike Ground 1A, it isn’t ruled out where the tenancy was an assured tenancy, but not an assured shorthold, before 1 May 2026.
The one-year condition is about the date in the notice. It is not a ban on serving a notice in the first year. A landlord can serve during the first twelve months as long as the date given for possession falls at least a year after the tenancy began.
Check which rules govern your notice and whether its period is long enough, from your own dates.
Use the free notice checkerDoes this apply to you?
- Private tenancy, notice served on or after 1 May 2026. The current rules on this page apply.
- Notice served before 1 May 2026. It only still counts if the landlord asked the court to issue a claim within its applicable period, which ended by 31 July 2026 at the latest and earlier for some notices. If the claim was requested in time, the old rules govern that claim. If not, the notice has lapsed and the landlord would need to serve a new one. How older notices were treated.
- Housing association or other social housing. The old rules, with the old grounds and notice periods, still apply. Housing association tenants.
This covers homes in England. Homes in Wales run on different law, the Renting Homes (Wales) Act 2016.
What the law says
Ground 1 is in Schedule 2 to the Housing Act 1988, as substituted by the Renters’ Rights Act 2025, Sch. 1. It covers a landlord who needs the home for themselves or a close family member. It is mandatory: if the landlord proves the ground and followed the procedure, the court must order possession. The notice must be on the prescribed form and give at least four months, beginning with the date of service (Housing Act 1988, s.8).
The one-year condition
The tenancy must have begun at least one year before the date specified in the notice for possession, counting both the day the tenancy began and that date. The condition is tied to the date in the notice, not to when the notice was served, so serving in the first year doesn’t defeat the notice on its own.
Ground 1 is not Ground 1A or Ground 1B
Ground 1A is the selling ground, and it can’t be used against a tenant whose tenancy was an assured tenancy, but not an assured shorthold, immediately before 1 May 2026. That exclusion doesn’t extend to Ground 1, so a landlord or family member moving in can rely on Ground 1 against that tenant. Ground 1B is not a family-occupation ground at all. It is available only to a housing association or other private registered provider, for a rent-to-buy tenancy whose agreed period has ended, and it has no one-year condition.
After possession: limits on re-letting
A landlord who relies on Ground 1 must not, within the restricted period, let the home on a tenancy of 21 years or less or license it for payment, and must not market it for either purpose or have anyone else do so (Housing Act 1988, s.16E). Those limits run to the end of the restricted period whether or not the tenancy continues. A letting or licence to the family member the landlord relied on is excepted, as is one where that person also lives there as their only or principal home (s.16F). Separately, a landlord must not rely on any ground without reasonably believing that possession is, will or may be obtainable on it. Where nobody moved in and the home was re-let, that is a substantive point to look into.
Deposits and court
Where you paid a deposit, the court can only make a possession order if it was protected in an authorised scheme, the scheme’s initial requirements were met, and you were given the prescribed information (Housing Act 2004, s.215). A notice isn’t an order to leave. If you stay, the landlord has to bring court proceedings within twelve months of service, and under the current rules every claim goes to a hearing.
Key dates and deadlines
| Situation | Rule | Result |
|---|---|---|
| Ground 1 notice served 10 October 2026 | Four months, beginning with service | Period ends 9 February 2027 |
| Notice served in the first year of the tenancy | One-year condition keyed to the date in the notice | Not defeated for that reason alone |
| Non-shorthold assured tenancy immediately before 1 May 2026 | Ground 1A exclusion doesn’t extend to Ground 1 | Ground 1 still available |
| Notice relies on Ground 1 and a shorter ground | Longest period applies | Four months |
| Any section 8 notice | Start of court proceedings | No later than twelve months after service |
What people in this situation usually do next
Most people check the notice first: the form, the ground, the date given for possession, and how long the tenancy has run. With a notice and no court claim yet, many put their position to the landlord in writing. The points tenants commonly raise are:
- whether the tenancy began at least a year before the date in the notice;
- whether four months’ notice was given;
- whether the deposit was protected and the prescribed information given;
- whether the landlord or family member genuinely intends to move in.
Once court papers arrive, the dates on them matter, and there is free help at court on the day from a duty adviser.
Related
A formal written response to your landlord about this notice, drafted from your dates and your notice. If court papers have already arrived, Lex points you to the court duty adviser first, then to LexSpeak Counsel™ (£149), your full legal information pack and options map.
Every notice turns on its own grounds and dates. Lex can go through yours with you, in plain English, and set up LexSpeak Agent™ for you on the call if it fits.
Common questions
Can my landlord evict me to move in during my first year?
A landlord can serve a Ground 1 notice in the first year, but the date given for possession must be at least one year after the tenancy began, counting both days. Serving in the first year doesn’t defeat the notice on its own.
How much notice does a landlord moving in have to give?
At least four months, beginning with the date the notice is served. Where the notice relies on several grounds, the longest period applies.
Is Ground 1B the family moving-in ground?
No. Family occupation is Ground 1. Ground 1B is only for a housing association or other private registered provider ending a rent-to-buy tenancy once the agreed period has run out.
Do I have to leave when the four months end?
No. A notice isn’t a court order. If you don’t leave, the landlord has to bring court proceedings, and under the current rules a judge decides at a hearing whether to make a possession order.
What if nobody moves in and the home is re-let?
A landlord who relied on Ground 1 is barred for a restricted period from re-letting the home or marketing it to let, except to the family member relied on. A landlord must also not rely on a ground without reasonably believing possession is obtainable on it. A re-let after a claimed move-in is a substantive point to look into.
Legal information for England, not legal advice. LexSpeakAI® is not a law firm.