Section 8 Ground 1: landlord wants to move back in (owner occupation)

Ground 1 of Schedule 2 to the Housing Act 1988 is the main route for a private landlord who wants their property back to live in. They can also use it so a family member can live there. The Renters' Rights Act is getting rid of Section 21 (no-fault eviction). Because of this, Ground 1 will become one of the most used grounds for possession. Here is how Ground 1 works. We explain what it needs and the defences you can use.

What is Ground 1?

Ground 1 is a discretionary mandatory ground. This means the court must grant possession if the ground is made out. The exception is if you can raise a successful defence. It can be used in two situations:

1. The landlord previously occupied the property as their only or principal home: and now needs it back for themselves or their spouse/civil partner to live in as their main home

2. The landlord requires the property for themselves or their spouse/civil partner to use as their only or principal home: where notice was given before the tenancy began that this ground might be used

The notice requirement: a critical point

For Ground 1, the landlord usually has to give you a written notice before your tenancy started. In some cases this must be before you signed this tenancy agreement. The notice has to say that Ground 1 might be used. If they did not give you this notice, they normally cannot use Ground 1. The only exception is if the court thinks it is just and equitable to set the notice rule aside.

This is a big protection for you. Many landlords who want to use Ground 1 cannot. This is because they did not give the right notice when the tenancy started.

The Renters' Rights Act and Ground 1

The Renters' Rights Act (expected 2025–2026) will make big changes to Ground 1. The main proposed changes are:

• The ground will be split: one limb for the landlord or their family to move into the property, another limb for when the landlord intends to sell
• There will be a minimum notice period before Ground 1 can be used (likely six months from the start of the tenancy, meaning a landlord cannot evict you shortly after you move in)
• After a Ground 1 eviction, the landlord may not be able to re-let the property for a defined period
• If the landlord serves notice using Ground 1 but then re-lets rather than moving in, you may have grounds for a claim against them

This area of law is changing. Check gov.uk for the current position if you receive a Ground 1 notice.

Is Ground 1 mandatory?

Under current law, Ground 1 is mandatory. If the ground is established, the court must grant possession. This is unlike discretionary grounds, where the court can weigh up reasonableness. But the landlord must still prove:

• The prior notice was served before the tenancy started
• The landlord (or their spouse/civil partner) genuinely intends to occupy the property as their main home, or previously lived there as their main home

If the landlord cannot prove these things, the claim fails.

Defences and challenges

No notice was given before the tenancy: You may not have been given a notice before you moved in saying Ground 1 might be used. If so, the landlord must ask the court to set this rule aside. The court can only do this if it is just and equitable. It is not certain.

The stated purpose is not genuine: You may have evidence that the landlord does not really mean to move in. For example, they have another home and live somewhere else. Or there is reason to think they want to re-let at a higher rent. This is a defence. Courts will look closely at whether the landlord's stated intention is genuine.

Proportionality and Article 8: Sometimes eviction would cause severe hardship. For example, children are settled in school, or someone in the home has serious health needs. In these cases the court may consider human rights arguments (Article 8, right to respect for a home) in its decision.

Disrepair: Your landlord may have served a Ground 1 notice while you also have a disrepair claim. If so, the disrepair can sometimes be raised as a counterclaim in the possession proceedings. This does not stop possession. But it may affect the outcome. It may also mean an offset against any costs ordered.

What to do if you receive a Ground 1 notice

1. Seek legal advice immediately: Contact a housing solicitor, Citizens Advice, or the Housing Loss Prevention Advice Service (HLPAS) if you have a court hearing approaching
2. Check whether proper notice was given before the tenancy started
3. Gather any evidence that the stated ground is not genuine
4. Do not ignore the notice or leave without getting advice, possession proceedings require you to be present or represented at any hearing

When should I contact Support for Tenants?

If you are facing a Ground 1 possession claim and also have a disrepair claim against your landlord, call us on 0800 030 4669.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Schedule 2, Housing Act 1988 (grounds for possession) (legislation.gov.uk)
• Renters' Rights Act 2025 (legislation.gov.uk)

Related articles

• Section 8 eviction, explained
• Section 8 grounds, explained
• What is a Section 21 notice, is it still legal?
• Renters' Rights Act 2025, what changes?