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 to reclaim their property to live in it themselves, or for a member of their family to live in it. With the Renters' Rights Act abolishing Section 21 (no-fault eviction), Ground 1 will become one of the most important and frequently used grounds for possession. Here is how Ground 1 works, the conditions it requires, and the defences available to you.

What is Ground 1?

Ground 1 is a discretionary mandatory ground, meaning the court must grant possession if the ground is made out, unless the tenant 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 requires 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

Ground 1 generally requires that the landlord served a written notice on you before the tenancy started (or, in some cases, before this specific tenancy agreement was signed) stating that Ground 1 might be relied upon. If no such notice was given, the landlord cannot normally use Ground 1 unless the court considers it just and equitable to dispense with the notice requirement.

This is a significant protection. Many landlords who want to use Ground 1 cannot do so because they failed to serve the required notice at the outset of the tenancy.

The Renters' Rights Act and Ground 1

The Renters' Rights Act (expected 2025–2026) will make major changes to Ground 1. The key 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 (unlike discretionary grounds, where it can weigh up reasonableness). However, 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: If you were not given a notice before moving in stating that Ground 1 might be used, the landlord must ask the court to dispense with this. The court can only do so if it is just and equitable, and this is not guaranteed.

The stated purpose is not genuine: If you have evidence that the landlord does not genuinely intend to move into the property (for example, they have other accommodation and live elsewhere, or there is reason to believe they intend to re-let at a higher rent), this is a defence. Courts will scrutinise whether the landlord's stated intention is genuine.

Proportionality and Article 8: In some circumstances, particularly where eviction would cause severe hardship, such as where children are in settled schooling, or where a household member has serious health needs, the court may consider human rights arguments (Article 8, right to respect for a home) in its decision.

Disrepair: If your landlord has served a Ground 1 notice and you also have a disrepair claim, the disrepair can potentially be raised as a counterclaim in the possession proceedings. This does not prevent possession but may affect the outcome and may result in 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. 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?