Evicting a Tenant to Move In: Ground 1 Guide

You can take back your rental property to live in it yourself, or to house a close family member, using a possession ground called Ground 1. Since Section 21 'no-fault' evictions ended on 1 May 2026, this is now the main legal route for landlords who need their property back as a home rather than an investment.

The trade-off is that Ground 1 comes with real conditions: four months' notice, a rule that stops you using it in the first year of a tenancy, and a 12-month ban on re-letting afterwards. Get it wrong and you could face a penalty of up to £40,000. This guide explains how it works in plain terms, what you have to prove, and how long it realistically takes.

Can you still evict a tenant to move into your own home?

Yes. You can no longer use a Section 21 notice, but you can use Ground 1 of a Section 8 notice to regain possession so that you, your partner, or a close family member can live in the property.

The abolition of Section 21 means every eviction now needs a specific legal reason backed by evidence. 'I want to move back in' is a recognised and legitimate reason, but you have to follow the Ground 1 process exactly and be able to prove your intention if the case reaches court.

What is Ground 1?

Ground 1 is the possession ground that lets a landlord take back a property to use as a home. It applies where you, or a close family member, genuinely intend to live there as your only or main home.

Under the Renters' Rights Act, 'close family member' has been widened. Broadly, it covers you, your spouse, civil partner or partner you live with, and a parent, grandparent, sibling, child or grandchild of you or your partner.

You can confirm the exact list on the GOV.UK grounds for possession guidance before you serve notice, because a relative who falls outside the definition will not qualify.

Ground 1 is a mandatory ground. That means if you prove it applies, the court must grant possession. It cannot decide the eviction is unreasonable and refuse, the way it can with discretionary grounds.

How much notice do you have to give?

You must give the tenant at least four months' notice before you can apply to the court for a possession order. This is double the two months that used to apply under Section 21, and it is designed to give tenants more time to find a new home.

If the tenant does not leave when the notice runs out, the notice alone does not remove them. You then have to apply to the court for a possession order, which adds more time.

What is the 12-month protected period?

You cannot use Ground 1 to make a tenant leave during the first 12 months of their tenancy. This is called the protected period, and it stops short tenancies being used as a quick route to vacant possession.

You are allowed to serve the notice during that first year, but it cannot expire until the 12 months are up. In practice that can mean giving more than four months' notice if you act early in the tenancy. Ground 1 can be used on tenancies that began before 1 May 2026 as well as new ones, but if your tenancy predates the Act it is worth confirming how the protected period applies to your specific dates.

Can you rent the property out again afterwards?

Not for 12 months. Once you use Ground 1, you cannot re-let or market the property for 12 months from the date your notice said proceedings could begin.

This restriction exists to stop landlords claiming they are moving in, removing the tenant, and then quietly putting the property back on the rental market at a higher rent. If your circumstances genuinely change, that 12-month window still applies, so Ground 1 should only be used when you are confident about your plans.

What happens if you misuse Ground 1?

Misusing Ground 1 is a serious offence, not a technicality. If you evict a tenant on this ground and then re-let inside the 12-month window, or you never really intended to move in, your local council can issue a civil penalty of up to £40,000, or pursue prosecution.

A landlord also commits an offence if a tenant moves out without a possession order as a result of being served notice on a ground the landlord could not properly rely on. Naming Ground 1 to pressure a tenant into leaving is therefore a genuine legal risk.

What evidence do you need to prove you are moving in?

You need to show a genuine intention for you or your named family member to live in the property. The court is the final judge of this, and it looks at the facts of your case rather than just your word.

Helpful evidence includes a signed statement of intention, correspondence showing your plans (for example a property sale or job relocation), and a clear record of when and how you served the notice. Keeping your tenancy documents, compliance certificates and communication history organised in one place makes this far easier.

How long does it take to evict a tenant under Ground 1?

Realistically, several months, and longer if the tenant does not leave voluntarily. You start with four months' notice, and if you then have to go to court, you join a queue.

The latest Ministry of Justice possession statistics put the median time from a landlord's court claim to actual repossession at around 26 weeks, and that figure does not include the notice period beforehand. So a Ground 1 case that ends up contested can run close to a year from start to finish. You can see a full breakdown in our guide to how long it takes to evict a tenant.

Ground 1 or Ground 1A: which one do you need?

Use Ground 1 if you or family will live in the property, and Ground 1A if you intend to sell it. They look similar and share the same notice period, but they are not interchangeable, and naming the wrong one can sink your case.

If selling is your goal, our dedicated guide to Ground 1A and selling a tenanted property walks through the sale-specific rules in detail.

Ground 1 step by step

• Step 1: Confirm the person moving in qualifies as you or a close family member under the official definition.
• ‍Step 2: Check the tenancy is past its first 12 months, or time your notice so it expires after that point.‍
• Step 3: Make sure your compliance is in order, including deposit protection and (once live) registration on the PRS Database.‍
• Step 4: Serve a valid Section 8 notice citing Ground 1, giving at least four months.‍
• Step 5: Keep dated proof of service and evidence of your genuine intention to move in.‍
• Step 6: If the tenant does not leave, apply to the county court for a possession order.‍
• Step 7: Move in once possession is granted, and remember the 12-month re-let restriction now applies.

Frequently asked questions

Can I evict a tenant so my son or daughter can move in?

Yes. Ground 1 covers a child or grandchild of you or your partner, as well as parents, grandparents and siblings. Check the full definition on GOV.UK, as a relative outside the list will not qualify.

Can my family member live there rent-free?

Yes. There is no requirement to charge rent. The point of Ground 1 is occupation as a home rather than income, so a family member paying only bills and council tax is fine.

Can I use Ground 1 in the first year of the tenancy?

No, not to make the tenant leave within that first year. You can serve the notice during the first 12 months, but it cannot expire until the protected period ends.

What if I move in and then need to rent it out again?

You must wait 12 months before re-letting or marketing the property. Re-letting sooner risks a civil penalty of up to £40,000, even if your change of plan is genuine.

Does the tenant have to leave when the notice expires?

Not automatically. If they stay, you have to apply to the court for a possession order. You cannot change the locks or force them out, as that would be an illegal eviction.

How is Ground 1 different from the old Section 21 notice?

Section 21 needed no reason and took roughly two months. Ground 1 needs a genuine reason, four months' notice, and evidence you can defend in court if challenged.