Grounds 1 and 1A: Possession to Move In or Sell

Joanne Wong

What changed on 1 May 2026

Since 1 May 2026, landlords in England can no longer end a tenancy with a section 21 notice. Assured Shorthold Tenancies have been replaced by Assured Periodic Tenancies, which roll on with no fixed end date. A landlord who wants their property back must now prove one of the grounds in Section 8 of the Housing Act 1988. The two most common are Ground 1, where the landlord or a close family member wants to move in, and Ground 1A, where the landlord intends to sell. For the wider changes and key dates, see our guide to Section 21 abolition and the Renters’ Rights Act key dates.

Ground 1: moving in

Ground 1 allows a landlord to recover the property so that they, or a close family member, can move back in to live there. The reforms have widened the family circle beyond spouses and partners to include parents, grandparents, siblings, children and grandchildren, including those of a spouse or partner. The landlord no longer needs to have lived there before; a genuine intention to occupy is now enough. A landlord cannot use Ground 1 in the first year of a tenancy: the tenancy must have started at least a year before the relevant date. The tenant is entitled to four months’ notice.

Ground 1A: selling up

This is a brand-new ground. It allows a landlord to recover possession where they intend to sell the freehold or a lease of the property, or to grant a lease of more than 21 years. The same one-year rule applies, and the tenant is entitled to four months’ notice. The ground is not available to registered providers of social housing.

What evidence will I need to establish these grounds?

Both Ground 1 and Ground 1A turn on the landlord’s genuine, settled intention, so the paperwork in support of a claim will decide many cases.

For Ground 1 (moving in), landlords should keep evidence of who intends to occupy the property and why. A witness statement from the landlord or family member, proof of the family relationship, any supporting evidence such as job relocation letter, academic placement offers, sale of occupier’s own home and/or any other evidence showing concrete plans to move may be helpful.

For Ground 1A (selling), landlords should gather evidence that the decision to sell has genuinely been made. For example, an estate agent instruction or valuation, marketing preparations, solicitors’ engagement for the sale, or other clear evidence of the decision to dispose of the property.

Once a Ground 1 or Ground 1A notice is served, the landlord cannot let the property on a tenancy of 21 years or less, grant a paid licence to occupy it, or market it for those purposes. This “restricted period” runs from service of the notice until 12 months after the earliest date the landlord could start court proceedings, which is generally about 16 months from service. Breaching the ban is a criminal offence. The local council can also impose a financial penalty of up to £40,000. Landlords should therefore be clear about their intentions before they serve a notice, because they cannot simply put the property back on the rental market if they change their mind.

Defences a tenant might raise

Tenants may seek to defend any claims brought under Ground 1 or Ground 1A by challenging the landlord’s intention to move in or sell. Commentators anticipate that the courts may borrow the well-developed “intention” test from business-tenancy law; that is, the landlord must show a firm and settled intention (not merely a provisional one) and a realistic prospect of carrying it out.

As the first Ground 1 and Ground 1A notices were served from 1 May 2026 on existing tenancies granted more than a year earlier, it is expected that the first contested hearings under these grounds will start coming before the courts now. We expect a meaningful body of decisions to come through in 2027.

Other likely challenges a tenant might bring are more technical but no less fatal. For example, these could include defective or short notice, failure to meet the one-year condition, or the landlord’s failure to comply with the tenancy deposit rules. Registration on the PRS Database matters too. Registration opens on 15 December 2026, region by region. Once the rules are in force, an unregistered landlord can obtain a possession order only on Ground 7A or Ground 14, so Ground 1 and Ground 1A would not be open to them. A defective step of this kind could stop a judge granting a possession order.

The takeaway

Recovering a property is now a matter of proof, not procedure. Landlords relying on Ground 1 or Ground 1A should document their intention before serving notice, respect the four-month notice period and the re-letting ban, and make sure deposit protection and PRS Database registration are in order. Our guide to evicting a tenant under the Renters’ Rights Act covers the wider process.

Tenants and their advisers now have real grounds to test whether their landlord’s intention is genuine. There is no higher court authority yet but, practically speaking, this would require a probe for evidence of intention and putting the landlord to proof of their genuine intention.

Contact us

If you require further advice and assistance with seeking possession of a property, please contact our expert property litigation team by:

• completing our online enquiry form;
• or calling us on 020 7485 8811