Ground 1 (Moving In) and Ground 1A (Selling): Possession Notice Rules for Landlords

What Ground 1 and Ground 1A Cover

Ground 1 and Ground 1A are mandatory possession grounds under Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act 2025. They replaced Section 21 as the primary routes for landlords who need a property back for personal use or sale.

Ground 1 applies when the landlord, their spouse or civil partner, a person living with them as a partner, one of the landlord's parents, grandparents, siblings, children or grandchildren, or a partner's child or grandchild intends to occupy the property as their only or principal home.

Ground 1A applies when the landlord intends to sell the dwelling-house or a superior interest in it.

Both are mandatory grounds. If you prove the statutory requirements, the court must grant possession. The judge does not weigh reasonableness.

Notice Period and Protected Window

Both grounds require 4 calendar months' notice using Form 3A.

Both grounds have a 12-month protected period: you can serve notice during the first 12 months, but it cannot expire before that period ends. For a tenancy that started on 1 June 2026, a landlord can serve a 4-month notice during the first year, provided its expiry date is after the 12-month period has ended.

For existing tenancies that converted on 1 May 2026, the 12-month clock started from the original tenancy start date, not from the conversion date. So if a tenancy began on 1 March 2025 and converted to periodic on 1 May 2026, the 12-month protected period has already passed.

The Re-Letting Ban

This is the rule that catches landlords out. Once you serve a Ground 1 or Ground 1A notice, a restricted period begins. It ends on the last day of the 12-month period beginning on the earliest date specified in the notice for possession proceedings to begin. If the court relies on Ground 1 or 1A in a claim without a notice, the period runs for 12 months from the date the claim is filed.

Subject to narrow statutory exceptions — including specified family lettings after Ground 1 and certain prospective-buyer or long-lease arrangements after Ground 1A — you cannot during that period:

• Advertise the property for rent
• List it with a letting agent
• Grant a new tenancy to anyone

Breaching this ban is a criminal offence under Section 16J of the Housing Act 1988. The consequences are severe:

• Civil penalties up to £40,000
• Criminal prosecution
• Rent Repayment Orders of up to 24 months' rent paid back to the former tenant

The ban exists to prevent landlords from using Ground 1 or 1A as a backdoor eviction tool — serving notice claiming they intend to move in or sell, then re-letting to a new tenant at a higher rent once the existing tenant leaves.

Prior Written Notice for Ground 1

If you let a property that was formerly your principal home and you think you might need to recover it in the future, give the tenant prior written notice before the tenancy starts that you may seek possession under Ground 1.

Prior written notice is not a statutory condition for using the revised Ground 1. You can still tell the tenant before the tenancy starts that you may need the property back, but the ground does not depend on that notice.

What Happens at Court

After the notice period expires, if the tenant does not vacate, you file a possession claim at the County Court (Form N5 and N119). The court sets a hearing, typically 8-12 weeks after filing.

At the hearing, you must prove that your intention to move in (Ground 1) or sell (Ground 1A) is genuine. Judges will look at evidence — have you been looking at other properties to buy? Have you already listed the property with an estate agent? Do you have mortgage approval for the sale?

If the court grants a possession order, the tenant typically gets 14 or 28 days to vacate. If they still refuse, you apply for a warrant of possession (Form N325) for bailiff enforcement.

Practical Considerations

Ground 1 and 1A carry the longest notice periods (4 months) and the strictest post-service obligations (12-month re-letting ban). Before serving either notice, make sure:

• The notice will not expire before the tenancy's first 12-month period has ended
• You genuinely intend to move in or sell — misuse carries serious penalties
• You are prepared to comply with the restricted period, which may continue after the tenant leaves
• You have served the Information Sheet 2026 on existing tenants (if you missed this, serve it first)

Our Renters' Rights Act guide for landlords in England includes a possession grounds flowchart and worked scenarios to help you identify the right ground and avoid the procedural traps.

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