Section 8 Notice for Moving Back Into Your Property

If you need to serve a Section 8 notice for moving back into your property, you will use Ground 1 of Schedule 2 of the Housing Act 1988. This guide explains exactly when Ground 1 applies, which family members qualify, what evidence the court expects, and how to serve a valid Form 3A notice. Updated for the Renters' Rights Act 2025 (England, May 2026).

✓ Updated May 2026

Renters' Rights Act 2025

Form 3A required

Mandatory ground

England only

✓ Ground 1 — mandatory possession ground✓ 2 months' notice required✓ Family members now included (2026)✓ Form 3A only (old Form 3 invalid)

Section 8 Notice Generator — Ground 1 (Moving Back In)

Form 3A format · 2 months' notice calculated automatically · England only

Select possession ground

Choose the legal reason you are seeking possession.

MANDATORY

Court must grant possession if ground is proven

DISCRETIONARY

Court decides whether to grant possession

What is Ground 1 Section 8?

Ground 1 is a possession ground under Schedule 2 of the Housing Act 1988 that allows a landlord to reclaim their rental property to occupy it themselves — or to allow a qualifying family member to occupy it — as their only or main home.

It is a mandatory ground. If the landlord can prove the conditions are met at the court hearing, the judge must grant a possession order. Unlike discretionary grounds, the court has no power to refuse if Ground 1 is properly established.

With the abolition of Section 21 on 1 May 2026 under the Renters' Rights Act 2025, Ground 1 has become the standard legal route for landlords who genuinely need to move back into their property. It replaced Section 21 as the occupation-based possession route.

🏛 Legal basis

Ground 1 is set out in Schedule 2, Part 1 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. It applies to assured tenancies in England.

When Can a Landlord Use Ground 1 to Move Back In?

To rely on Ground 1, at least one of the following two conditions must be satisfied:

Condition A — Prior occupation

The landlord (or their spouse or civil partner) previously occupied the property as their only or main home at any point before the current tenancy began. Evidence such as council tax records, bank statements, or GP registration at the property address supports this.

Condition B — Prior written notice

At the start of the tenancy, the landlord gave the tenant a written notice stating that possession might be recovered under Ground 1. This is sometimes called a "Ground 1 notice" or a "prescribed notice." The court may waive this requirement in exceptional circumstances — but do not rely on it.

⚠ Practical tip for new landlords

If you let a property that you may one day need to move back into — for example, you are moving abroad temporarily or buying a new home — always serve a Ground 1 prior notice on the tenant at the start of the tenancy. This protects your right to use Ground 1 regardless of whether you have previously lived there.

Family Member Occupation — Who Qualifies Under Ground 1?

The Renters' Rights Act 2025 extended the list of qualifying family members who can occupy under Ground 1. The table below shows who qualifies and who does not.

PersonQualifies?Notes
The landlord✓ YesMust intend to occupy as only or main home
Landlord's spouse or civil partner✓ YesMust intend to occupy as only or main home
Landlord's parent or grandparent✓ YesExtended by Renters' Rights Act 2025
Landlord's child or grandchild✓ YesExtended by Renters' Rights Act 2025
Landlord's sibling✓ YesExtended by Renters' Rights Act 2025
Landlord's cohabiting partner (unmarried)✗ NoDoes not meet the statutory definition without marriage or civil partnership
Friend or colleague of landlord✗ NoNot a qualifying occupier under Schedule 2
Company director of landlord-company✗ NoGround 1 does not apply to corporate landlords in this way

Source: Housing Act 1988 Schedule 2 as amended by the Renters' Rights Act 2025. Always verify against current legislation or seek professional advice.

📌 Practical example — parent moving in

A landlord bought a flat as a buy-to-let in 2019 and served a Ground 1 prior notice on the original tenants. In 2026 their elderly parent in Scotland requires care and the landlord wants to move the parent into the flat. Under the expanded Ground 1, this qualifies — the parent is a close family member and the prior notice was served at the tenancy start. The landlord serves a Section 8 notice on Form 3A citing Ground 1, giving 2 months' notice.

Evidence Required by the Court for Ground 1

Ground 1 is mandatory — but only if the landlord can prove the conditions to the court's satisfaction. Courts scrutinise Ground 1 claims carefully for genuine intention. Prepare these documents before you issue the notice.

1

Prior occupation or prior notice

Evidence the landlord previously lived at the property as their main home (council tax bills, bank statements, GP registration), or a copy of the prior written notice served at the tenancy start.

2

Genuine intention to occupy

A signed witness statement setting out the reasons for requiring the property — for example, selling another property, returning from abroad, or a family breakdown.

3

Family member evidence (if applicable)

Evidence of the family relationship: birth certificate, marriage certificate, or civil partnership certificate. A signed statement from the family member confirming their intention to occupy.

4

Proof of notice service

A signed certificate of service or recorded delivery receipt showing the Form 3A was served on the tenant with the correct date.

5

Tenancy agreement

A copy of the tenancy agreement showing the property address, tenant names, and tenancy start date, to establish the court's jurisdiction.

⚠ Retaliatory possession warning

Courts are alert to landlords using Ground 1 as a pretext to evict tenants who have complained about disrepair or exercised legal rights. If you have received a complaint or improvement notice in the preceding six months, seek legal advice before serving a Ground 1 notice. See the GOV.UK How to Rent guide for tenant rights context.

How to Complete Form 3A Correctly for Ground 1

Every Section 8 notice served in England from 1 May 2026 must use Form 3A. The old Form 3 is no longer legally valid. A notice on the wrong form is automatically defective — the court will dismiss the possession claim.

When completing Form 3A for Ground 1, the critical fields are:

Ground cited

Select Ground 1. If also selling the property, you may cite Ground 1A on the same notice. Do not cite rent arrears grounds on the same notice unless they also exist.

Date of service

The date the tenant will receive the notice — not the date you write it. If posting first class, add two working days.

Expiry date

Must be at least 2 months from the date of service. Our generator calculates this automatically.

Reasons for possession

State clearly and specifically why you need the property — "I intend to move back in" is insufficient. Name the intended occupier and give the reason.

Tenant names

Must exactly match the names on the tenancy agreement. Include all joint tenants.

Property address

Full address including postcode, exactly as on the tenancy agreement.

The notice period for Ground 1 is 2 months minimum — significantly longer than the 4-week notice required for rent arrears grounds. This reflects the non-fault nature of Ground 1: the tenant has not done anything wrong.

→ Section 8 Notice Generator→ Form 3A Complete Guide→ Certificate of Service

6 Mistakes That Invalidate a Ground 1 Section 8 Notice

Ground 1 claims fail more often than landlords expect. Courts apply a higher level of scrutiny to non-fault possession claims. Avoid these errors.

1.

No prior notice or prior occupation

If neither condition is met (previous occupation as main home, or prior written notice at tenancy start), Ground 1 cannot be used. The court will dismiss the claim.

2.

Wrong Form — using old Form 3

Invalid from 1 May 2026. All Section 8 notices must now be served on Form 3A. A notice on the old Form 3 will be rejected by the court.

3.

Insufficient notice period

Ground 1 requires 2 months' minimum notice. A notice with only 4 weeks is defective and the possession claim will fail.

4.

Weak or absent evidence of genuine intention

Courts scrutinise Ground 1 claims carefully. A bare statement of intention without supporting evidence may not satisfy the judge.

5.

Incorrect tenant names

Names must exactly match the tenancy agreement. Any discrepancy can be used to challenge the notice.

6.

No proof of service

You must be able to prove the tenant received the notice with sufficient time. Keep a certificate of service for every notice served.

About This Guide

🔄

Updated May 2026

This guide reflects Ground 1 as amended by the Renters' Rights Act 2025, including the expanded list of qualifying family members and the Form 3A requirement from 1 May 2026.

🇬🇧

England only

Ground 1 under the Housing Act 1988 applies to assured tenancies in England. Wales uses the Renting Homes (Wales) Act 2016 with separate rules.

⚠️

Not legal advice

This guide provides general legal information. For complex situations — retaliatory possession risk, unclear family relationships, disputed prior notices — consult a housing solicitor.

External references: Housing Act 1988 Schedule 2 — legislation.gov.uk · Renters' Rights Act 2025 — legislation.gov.uk · GOV.UK — Evicting tenants guide · Find a housing solicitor — Law Society

Frequently Asked Questions

Can a landlord evict a tenant to move back into the property?▾
Yes. Under Ground 1 of Schedule 2 of the Housing Act 1988, a landlord can serve a Section 8 notice to regain possession for themselves or a qualifying family member. The landlord must either have previously lived at the property as their main home, or have served a prior written notice at the tenancy start. The notice must be on Form 3A and give at least 2 months' notice.
What is the notice period for a Ground 1 Section 8 notice?▾
Ground 1 requires a minimum of 2 months' notice — one of the longer notice periods under Section 8. This reflects the non-fault nature of the ground: the tenant has done nothing wrong. The 2-month clock starts from the date the tenant receives the notice, not the date you write or post it.
Which family members qualify under Ground 1?▾
Following the Renters' Rights Act 2025, Ground 1 covers the landlord, their spouse or civil partner, and close family members including parents, grandparents, children, grandchildren, and siblings. An unmarried partner or friend does not qualify. The intended occupier must plan to use the property as their only or main home.
Does the landlord have to have previously lived in the property?▾
Not necessarily. Ground 1 can be used if the landlord previously lived there — or if they served a prior written notice on the tenant at the tenancy start. If neither condition applies, Ground 1 cannot be used and landlords should seek legal advice about other options.
Is Ground 1 mandatory or discretionary?▾
Ground 1 is a mandatory ground. If the landlord proves the conditions to the court's satisfaction, the judge must grant a possession order and has no discretion to refuse. However, the landlord must be able to prove genuine intention to occupy — courts scrutinise Ground 1 claims carefully.

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England only · Form 3A format · Ground 1 · 2 months' notice calculated automatically