A landlord moving back into a property in England now uses Section 8 Ground 1 because Section 21 no-fault notices ended on 1 May 2026. This guide covers when Ground 1 applies, the 4 months’ notice and 12-month protected period, which family members are covered, the evidence you need and how to complete Form 3A.
Last reviewed September 2026
Checked against GOV.UK guidance (updated 1 May 2026)
Mandatory ground · England only
Form 3A format · Notice dates calculated for you · England only · From £19.99
Form 3A is for private-sector assured tenancies in England, notices served on or after 1 May 2026.
You can select more than one ground. If you do, the longest notice period applies.
Court must grant possession if the ground is proven
Court decides whether to grant possession
Ground 1 is a mandatory possession ground in Schedule 2 to the Housing Act 1988. GOV.UK’s grounds for possession guidance says it applies where you or a close family member need to move into the property.
The Renters’ Rights Act 2025 abolished Section 21 from 1 May 2026, so this is now the standard route for a landlord who genuinely needs their home back. Read our guides to what landlords do now Section 21 has gone and the difference between Section 8 and Section 21.
Related grounds: Ground 6 redevelopment, Ground 8 rent arrears and the multiple grounds generator. New to letting? See our first-time landlord guide and accidental landlord guide.
You must give 4 months’ notice before you can apply to court. You can serve notice during the first 12 months of a new tenancy, but it cannot expire before those 12 months end.
A landlord starts a new tenancy and, 6 months in, decides a daughter will live there. The landlord waits until month 8 to serve notice, so the 4-month period ends after the 12-month protected period. The tenant leaves when the notice expires and the daughter moves in. Had the landlord served at month 6, the notice would have needed to run past month 12 anyway.
Use our possession order timeline calculator to plan dates. If you cite Ground 1 with other grounds, the longest applicable period governs the notice.
Ground 1 covers the landlord and a close family member. The precise definition is set out in Schedule 2 to the Housing Act 1988 as amended by the Renters’ Rights Act 2025, so read the current wording for your circumstances and take advice if the relationship is not clear-cut.
Ground 1 is mandatory, but you have to prove your need is genuine. Prepare these before you serve:
Proof you genuinely need the home
A signed statement setting out why you need to move in (for example, returning from abroad, a change in family circumstances) plus supporting documents.
Evidence about the intended occupier
If a family member will move in, evidence of the relationship (birth or marriage certificate) and a statement from them that they intend to live there as their main home.
Tenancy agreement
Shows the parties, the property address and the tenancy start date, which matters for the 12-month protected period.
Form 3A and proof of service
A copy of the notice and a record of when and how it was served.
Deposit protection certificate
Proof the deposit is protected and prescribed information was given.
Be genuine
Courts look at whether the stated need is real. If the tenant has recently complained about disrepair or exercised other rights, take legal advice before serving so your position is well documented.
Section 8 notices in England use Form 3A. Our Form 3A generator prepares it, and this checklist shows the key fields. For a deeper walk-through read how to fill in Form 3A correctly.
Ground 1. If you may also rely on another ground that genuinely applies, you can add it, but do not cite grounds you cannot support.
At least 4 months after service, and not before the 12-month protected period ends if the tenancy is new.
Be specific: who will move in, that it will be their only or main home, and why. A bare “I want to move back in” is weak.
Copy exactly from the tenancy agreement, including every joint tenant.
Full address with postcode as on the tenancy agreement.
Allow for the method of delivery. Keep proof of service.
If the notice turns out to be defective, see how to fix an invalid Section 8 notice. If the tenant does not leave, read what happens next.
Ground 1 needs 4 months. A notice with a shorter period is defective and risks failing in court.
In a new tenancy the notice cannot expire before month 12. Serve too early with a too-early expiry and it will not work.
Name the person who will move in and explain why. Courts look closely at whether the need is genuine.
Bring a signed statement and supporting documents. Do not rely on assertion alone.
Names must match the tenancy agreement exactly. Mismatches give the tenant something to challenge.
Either can stop a possession order. Fix compliance and keep records before issuing.
Written by the OfficeDraft Legal Team from primary sources: the Housing Act 1988, the Renters’ Rights Act 2025 and GOV.UK guidance.
September 2026. Notice period and protected period checked against GOV.UK guidance updated 1 May 2026.
England only. Wales uses the Renting Homes (Wales) Act 2016. OfficeDraft is a document-generation service, not a law firm; this is general information, not legal advice.
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Legal disclaimer
OfficeDraft helps landlords prepare Section 8 notices. This page is general information, not legal advice. Before serving a notice, especially where the family relationship is unclear, the tenancy is new or the tenant has raised complaints, get advice from a qualified housing solicitor. The Law Society’s Find a Solicitor service can help. Last reviewed September 2026.
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