The abolition of Section 21 'no-fault' eviction under the Renters' Rights Act (in force from 1 May 2026) means that landlords who need to recover possession of their property must now rely on the revised Section 8 grounds. Two of the most important grounds for landlords are Ground 1 (moving in) and Ground 1a (selling the property). Both are mandatory grounds — meaning the court must grant possession if the ground is proven — but they come with strict rules, notice requirements, and serious penalties for misuse.
Ground 1: Landlord or Close Family Member Wants to Move In
Ground 1 allows a landlord to recover possession if they, or a close family member, genuinely intend to occupy the property as their only or principal home. Under the Renters' Rights Act, the definition of 'close family member' has been expanded and now includes:
- Spouse or civil partner
- Parent or grandparent
- Sibling (including half-siblings)
- Child or grandchild
Ground 1a: Landlord Intends to Sell the Property
Ground 1a is a new ground introduced by the Renters' Rights Act. It allows a landlord to recover possession if they intend to sell the property. Crucially, the landlord does not need to have already listed the property or exchanged contracts — the intention to sell is sufficient, provided it is genuine and can be evidenced.
Notice Requirements: The New Form 3a
From 1 May 2026, all Section 8 notices must use the new Form 3a with the prescribed government wording. The old Form 3 is now invalid. Using the wrong form, or making errors in the prescribed wording, can result in fines. Key notice requirements for Grounds 1 and 1a:
- Notice period: at least four months before applying for a possession order.
- The notice cannot expire within the first 12 months of the tenancy — you can serve the notice, but it must not take effect before the 12-month mark.
- Hand-deliver the notice where possible, and retain proof of service (an N215 form or signed endorsement).
- Do not combine Ground 1 or 1a with other grounds — this can raise questions about your intentions and complicate the court process.
Restrictions That Can Block a Possession Order
Even if you serve a valid notice and prove the ground, two restrictions can prevent the court from granting a possession order:
- Unprotected security deposit: if the tenant's deposit is not protected in a government-approved scheme, the court cannot grant possession.
- Not registered on the PRS Database: once the database goes live, failure to register will block most possession grounds including Grounds 1 and 1a.
Rules on Re-Letting After Using Ground 1 or 1a
If you recover possession using Ground 1 or 1a, you cannot re-let or advertise the property for re-letting for 12 months from the later of: (a) the date of the notice, or (b) the date you filed the court possession claim. This restriction is designed to prevent landlords from using these grounds as a backdoor eviction route.
Penalties for Misuse: Up to £40,000
The penalties for misusing Grounds 1 or 1a are severe:
- Civil fine of up to £7,000 if you had no genuine intention to sell or move in.
- Criminal fine of up to £40,000 for a deliberate breach.
- The tenant can apply for a rent repayment order covering up to two years of rent.
Evidence You Will Need
Courts are still developing their approach to evidence for Grounds 1 and 1a, but you should be prepared to demonstrate genuine intention. Useful evidence includes: estate agent instructions or property listings (for Ground 1a), school enrolment documents or evidence of the family member's current address (for Ground 1), and any correspondence confirming the decision to sell or move in.
Get Expert Advice Before Serving a Notice
Given the complexity of the new Section 8 process and the serious penalties for errors, we strongly recommend taking legal advice before serving any Section 8 notice. PDA Letting Agents has an in-house landlord's solicitor who can guide you through the process and ensure your notice is correctly prepared and served.
Topics