In short, the answer is yes.
Under the Renters’ Rights Act 2025, landlords can regain possession of their rental property to move back in themselves – or to allow a close family member to live there.
They can do this using Ground 1 of the new Section 8 possession framework.
Section 21 no longer exists.
What is Ground 1?
Ground 1 allows a landlord to reclaim their property if they, or a close family member, intend to occupy it as their main home
It is a mandatory ground – this means that if the landlord can prove the ground applies and has followed the correct process, the court must grant a possession order.
Ground 1 is already one of the most common grounds for possession I am seeing via the new Section 8 framework since the Renters’ Rights Act came into force on 1 May 2026. For a complete guide to all the updated reasons a landlord can regain possession, read our article on the New Section 8 Grounds for Possession.
Ground 1 vs Ground 1A vs Ground 1B
- Ground 1: Landlord or close family member moving into the property
- Ground 1A: Landlord intends to sell the property
- Ground 1B: Applies to Buy to Rent schemes (Private Registered Providers only)
This post covers Ground 1 only.
If you want to sell your property, you need Ground 1A.
Who counts as a close family member?
You’ll see in Ground 1 the phrase “close family member”. So who counts as a close family member when it comes to moving back into a rented property?
Under UK Government guidance, a close relative typically means:
- A parent, parent-in-law, son, son-in-law, daughter, daughter-in-law
- A stepparent, stepson or stepdaughter
- A brother or sister
- The partner of any of the above
What notice do you need to give for using Ground 1?
You must give your tenant four months’ notice under Ground 1.
The notice must be served using Form 3A – the official Section 8 notice of possession. You can find the form here on the assured tenancy forms page on GOV.UK.
The form must:
- Cite Ground 1 in full
- Include the correct notice period
- Be filled in accurately and completely
An error on Form 3A can delay or dismiss your possession claim.
Having trouble completing the form? Not sure if your situation satisfies the Ground 1 requirements? Don’t hesitate to contact me if you need help serving a Section 8 notice.
How soon into a tenancy can you use Ground 1?
You cannot use Ground 1 to end a tenancy within the first 12 months – this is known as the protected period.
However, you can serve the Section 8 notice before the 12 months is up, as long as the notice period does not expire before the 12-month mark has passed.
Example – Using Ground 1 legally within the first 12 months
A landlord starts renting out a property in January 2026. In September 2026 – 8 months in – they decide their daughter will move in.
They serve a Ground 1 notice in September. The four month notice period runs until January 2027, which falls after the year-long
(12 month) protected period ends.
The tenant moves out in January 2027. The landlord’s daughter moves in.Source: GOV.UK Grounds for Possession Guidance
If the tenant remains in the property after the notice expires, you must apply to the county court for a possession order.
This is done by filling out the particulars of claim form, also known as the claim for possession form. Once submitted, the court will then issue a notice of issue to the tenant, providing them with a copy of the claim form and a response pack.
This allows the tenant to object, defend, or counter-claim, which triggers a hearing.
Many times, the tenant will agree to leave a property once they’ve received the notice of issue. That notice will establish the grounds for possession.
What if the tenant doesn’t leave after receiving the notice of issue?
If the tenant still doesn’t leave, then the landlord must wait for a hearing. If this is successful – or the tenant doesn’t attend – the judge will issue an order for possession.
This gives the tenant a 14-day window in which to leave the property. Sometimes if there are mitigating circumstances the judge may grant the tenant 30 days or the maximum of 42 days in which to leave the property.
How long does it take to get a possession order?
Court timelines vary significantly depending on how busy the local court is – some courts process claims within three months, others can take longer and sometimes up to eight or nine months.
The court that handles your claim is determined by where the property is located. You cannot apply to a different court to speed up the process.
That said, there are steps you can take to strengthen your possession claim and potentially expedite the process. Feel free to contact me if you need help or advice with your possession order – or read here to find out more about our possession order services.
What are the compliance requirements for Ground 1?
Before you can use Ground 1, the following must be in place:
- Your tenant’s deposit must be protected in a government-approved scheme and the prescribed information signed by you and the tenant
- A valid gas safety certificate must have been provided to the tenant
- A valid Energy Performance Certificate (EPC) must be in place
- Electrical safety documentation must be up to date
If any of these requirements are not met, the court may delay or dismiss your possession claim.
While the legislation does not say what might count as evidence of a landlord’s intention to move or let one of their relatives move in when serving a Section 8 under Ground 1, it does say that the landlord must prove their intention to occupy is genuine.
So you might need evidence of the following to back up your possession claim:
- Witness statements
- Evidence of relocation
- Evidence of the sale of another property (or the termination of a prior tenancy)
- Employment changes
- Family circumstances
- Evidence that the property will be the new tenants main residence
Strikes Property Services Group – already acting on Ground 1
Ground 1 is already one of the most popular grounds we are seeing since the Renters’ Rights Act came into force.
Strikes Property Services Group have issued multiple Ground 1 Section 8 notices in the weeks since May 2026.If you need to regain possession of your property under Ground 1, we can help you act quickly and correctly.
How Strikes Property Services Group can help
Tenants are increasingly aware of the possession process – and of the timelines involved. Delays caused by incorrect notices or incomplete paperwork can give tenants more time in the property and leave landlords exposed.
Working with an experienced property dispute resolution agency, like Strikes, means your Section 8 notice is served correctly from the start, and that any court proceedings are handled efficiently.
I founded Strikes Property Services Group in 2012 after a career as a certificated enforcement agent. I understand possession claims inside out, and my team can help you with possession orders and Section 8 notice serving under the new rules.
If you need advice on regaining possession of your property under Ground 1 – or need help serving a Section 8 notice – contact Strikes Property Services Group today.
