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Risk Centre · Moving back in
Getting your property back to live in.
Plans change. A landlord moves home, a son or daughter goes to university nearby, a parent needs to be closer. Under the old rules you served Section 21 and that was that. Now, reoccupying your own property runs through Ground 1 — a specific possession ground with its own conditions.
It works, and for genuine own-use it is hard to contest. But 'I might want it back one day' is no longer enough on its own — the ground has timing rules and a who-qualifies test that need to be right.
- Ground 1
- Landlord or close family moving in (mandatory)
- Notice period
- 4 months
- Earliest use
- Not in the first 12 months of the tenancy
- After possession
- 12-month re-let / re-market restriction
Who qualifies
- The landlord
- You intend to occupy the property as your only or principal home.
- Close family
- The Act sets out which family members count — typically a spouse or partner, the landlord's or partner's parent, grandparent, child, grandchild or sibling. Confirm the relationship falls inside the defined list before relying on the ground.
- Genuine intention
- The intention to occupy must be real. Using Ground 1 as a pretext to clear the property for another purpose is exactly what the re-letting restriction is designed to catch.
Ground 1, in brief
- Notice period
- Four months' notice, served on the correct prescribed form, stating Ground 1.
- The 12-month rule
- Ground 1 cannot be used in the first 12 months of the tenancy. If you let a property knowing you may want it back, that is a conversation to have before the tenancy starts, not after.
- After possession
- Recovering on Ground 1 triggers a 12-month restriction on re-letting or re-marketing the property as a rental. The point of the ground is occupation, not a route back to the lettings market.
The Ground 1 sequence
The same discipline as any post-Section-21 possession: right timing, right paperwork, right form.
- 01
Confirm the relationship and the intention
Make sure the person moving in falls within the Act's family definition, and that the intention to occupy is genuine and documented.
- 02
Check you're past the first 12 months
Ground 1 cannot take effect inside the first year of the tenancy. Serving early invalidates the notice.
- 03
Confirm the start-of-tenancy paperwork is sound
Deposit and prescribed information, gas safety, EPC and the How to Rent guide all served at the outset. Defects here can defeat the claim.
- 04
Serve four months' notice on the correct form
State Ground 1 and calculate the expiry date precisely. A miscalculation resets the clock by months.
- 05
Move in — and respect the re-let restriction
Once you have possession, the 12-month restriction on re-letting applies. The property is for occupation during that window, not re-marketing to tenants.
Plan it at the start
If there's any chance you'll want a property back for yourself or family — a home you may return to, a flat for a child heading to university — say so before you let it. The 12-month clock and the notice period are far easier to work around when they're planned in, not discovered later.
Downloadable checklist
Moving back in — your checklist
Before you rely on Ground 1, confirm each of these.
Email me the full guide- 01
The person moving in is you, or a family member within the Act's defined list
- 02
The intention to occupy is genuine and can be evidenced
- 03
The tenancy is past its first 12 months
- 04
Deposit, prescribed information, gas, EPC and How to Rent guide were all served at the start
- 05
Notice is on the current prescribed form, stating Ground 1, with the four-month expiry calculated exactly
- 06
You've planned around the 12-month re-let restriction that follows possession
Common questions
Frequently asked
questions.
Specific situation not covered? Call us on 01892 533367 — Mike (MARLA · FNAEA) handles complex compliance directly.
Can I evict my tenant so I can move back into my property?
Yes — that's exactly what Ground 1 is for. If you genuinely intend to occupy the property as your only or principal home, you can recover possession on four months' notice, provided the tenancy is past its first 12 months and your start-of-tenancy paperwork is in order. The intention has to be real: Ground 1 isn't a back-door route to clear a property for another purpose.
Which family members can I move in under Ground 1?
The Act defines the qualifying relationships — typically your spouse or partner, your or your partner's parent, grandparent, child, grandchild or sibling. Before you rely on the ground, confirm the person falls inside that list. If you're unsure whether a particular relationship qualifies, check with us or a housing solicitor first, because getting it wrong can defeat the claim.
How much notice do I have to give to move back in?
Four months. The notice must be on the current prescribed form, state Ground 1, and the expiry date has to be calculated precisely. Ground 1 also can't be used in the first 12 months of the tenancy, so the earliest you can recover the property is after that first year plus the four-month notice.
Can I re-let the property if my plans change after moving in?
Not immediately. Recovering possession on Ground 1 triggers a 12-month restriction on re-letting or re-marketing the property as a rental. The ground exists for occupation, not as a route back to the lettings market — re-letting inside that window risks a penalty. If your circumstances are genuinely uncertain, talk to us before serving notice so we can plan around it.
Explore the Risk Centre
Keep reading on the topics that affect you.
Selling (Ground 1A)
Sell with the tenant in situ, or use Ground 1A for vacant possession — the trade-offs and the timing.
Re-letting restrictions
Used Ground 1 or 1A? You can't re-let for 12 months. The rule that catches landlords whose plans change.
Common mistakes
The handful of errors that void possession claims and trigger penalties — and how to avoid every one.
A note
This page is general guidance for landlords, not legal advice. Specific circumstances vary, and commencement dates of individual Renters' Rights Act provisions can change through statutory instruments. Confirm any specific decision with your solicitor — or talk to us, and we'll route you to a specialist housing solicitor where it matters.
Need your property back?
Recover it correctly the first time.
Ground 1 is straightforward when it's planned and the paperwork is sound — and expensive when it isn't. A free conversation with Mike (MARLA · FNAEA) will tell you exactly where you stand and what to serve.