Ground 1 Landlord Moving in Response Letter
Landlord cited Ground 1? They (or a close family member) claim they want to move in. It's mandatory if proven, but has strict conditions: 4 months notice, can't be used in your first year, 12-month re-let ban after. Respond formally by Royal Mail.
Send an eviction response letter from £2.79What You Need to Know
- ✓Ground 1 lets your landlord (or a close family member) take possession to move in. Mandatory: if proven, court must grant possession.
- ✓Strict conditions: 4 months notice, can't be used in your first 12 months, landlord can't re-let for 12 months after.
- ✓'Close family' means spouse, partner, parent, child, sibling, grandparent, grandchild. Half-relations count. There is no minimum ownership duration: a landlord who bought the property partway through your tenancy can still use Ground 1 if they (or family) genuinely intend to move in.
- ✓If the landlord doesn't actually move in, or re-lets within 12 months, that's a £40,000 fine offence and a 24-month Rent Repayment Order claim.
About the Notice
Ground 1 lets your landlord take possession to move into the property themselves, or to let a close family member move in. It is mandatory: if proven, the court must grant possession. 'Close family' covers spouse, civil partner, cohabitee, parent, child, sibling, grandparent, and grandchild. Half-relations count. Where there are joint landlords, any one of them moving in is enough to trigger the ground.
Two time conditions apply. The notice must give at least 4 months. It cannot expire in the first 12 months of your tenancy, so the earliest a Ground 1 notice can be served is 8 months into the tenancy. For tenancies that existed before 1 May 2026, the clock counts from the original tenancy start date (or the start of any later fixed-term renewal). There is no ownership-duration test, so a landlord who bought the property during your tenancy can still use Ground 1.
After the notice expires, the landlord cannot re-let or market the property (including on Airbnb and other short-term let platforms) for 12 months from the relevant date in the notice. Breach is a £40,000 Civil Penalty Notice and a 24-month Rent Repayment Order claim. If the landlord cited Ground 1 but never actually moves in, that is also an offence under section 16J of the Housing Act 1988 (civil penalty starting point £25,000). Your defence: demand evidence of genuine intent, check every time condition, and pursue enforcement if the move-in does not happen.
Legal basis
- ·Housing Act 1988, Schedule 2 Ground 1 (as amended by Renters Rights Act 2025 Schedule 1)
- ·Housing Act 1988, s.8 (notice of proceedings for possession)
- ·Housing Act 1988, s.16J (knowingly or recklessly using a possession ground)
- ·Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026 (prescribed Form 3A)
- ·Housing Act 2004, ss.213 to 215 (deposit protection)
- ·Renters Rights Act 2025, Part 4 (rent repayment orders)
Which scenario applies to you?
Your tenancy started less than 12 months ago
Ground 1 cannot expire in the first 12 months of your tenancy. The earliest the notice can be served is 8 months in (with 4 months notice taking the expiry to month 12). For tenancies that existed before 1 May 2026, the clock counts from the original tenancy start, not from May 2026.
Move-in intent isn't genuine
Your landlord cited Ground 1 but the story doesn't add up. The named family member doesn't exist, doesn't live nearby, has their own home, or has signalled they have no actual intention of moving in. Section 16J of the Housing Act 1988 (added by the Renters Rights Act 2025) makes it a criminal offence to use a Section 8 ground the landlord knows or is reckless about whether they can actually prove. Civil penalty up to £40,000 as an alternative to prosecution (£25,000 starting point in statutory guidance).
Procedural defects
Notice gives less than 4 months. Notice not on Form 3A. Deposit not protected in a government-backed scheme before the notice was served. Any one of these makes the notice invalid regardless of the move-in intent. The response letter checks every requirement.
What the Letter Accomplishes
PostRight generates a formal response letter that checks the validity of the notice in writing, cites the relevant legislation, and creates a dated physical record sent by Royal Mail Tracked 24.
- 1Asks the landlord to confirm who will be moving in (full name, relationship to the landlord, current address) and when
- 2Asks the landlord to evidence genuine intent to occupy (correspondence about the move, change-of-address arrangements, school registrations, employment relocations, sale of current home)
- 3Checks Form 3A, the 4-month notice period, and the date relative to your tenancy start (the 12-month minimum)
- 4Reserves your right to enforce the 12-month re-let prohibition and to pursue a section 16J claim if the move-in does not happen
Your Rights
Ground 1 is mandatory but conditional
Ground 1 is a mandatory possession ground under Schedule 2 of the Housing Act 1988 (as amended by the Renters Rights Act 2025). If proven, the court must grant possession with no reasonableness assessment. But it has strict procedural and evidential conditions, and missing any one defeats the ground.
Who counts as 'close family'
Ground 1 covers the landlord themselves, their spouse, civil partner, or cohabitee, plus parents, children, siblings, grandparents, and grandchildren. Half-relations count. Where there are joint landlords, the ground applies if any one of them wants to move in. The named person must intend to occupy the property as their only or principal home, not as a holiday home, second home, or short-term arrangement.
4 months notice and the 12-month tenancy minimum
The notice must give at least 4 months. The relevant date in the notice (when it expires) cannot be in the first 12 months of your tenancy. In practice this means the earliest a Ground 1 notice can be served is 8 months into the tenancy, with the 4 months' notice taking expiry to the 12-month mark. For tenancies that existed before 1 May 2026, the clock counts from the original tenancy start date.
12-month re-let prohibition
After the notice expires, the landlord cannot re-let or market the property (including on Airbnb and other short-term let platforms) for 12 months from the relevant date in the notice. Breach is a separate offence under the Renters Rights Act 2025: £40,000 Civil Penalty Notice and up to 24 months’ Rent Repayment Order. Screenshots of any new listing or evidence of new occupants, with date stamps, are powerful evidence.
Common Scenarios
1Your tenancy started less than 12 months ago
Ground 1 can't expire in the first year. The earliest the notice can be served is 8 months in. A notice served earlier (or with too short a period) is invalid.
2Named family member doesn't actually exist or isn't moving in
You have reason to believe the family member named (or the landlord themselves) is not actually planning to occupy. Section 16J applies. The response letter demands evidence.
3Notice period less than 4 months
Ground 1 requires 4 months notice. A shorter period invalidates the notice. The landlord must serve a fresh notice with the correct period.
4Property is re-let within 12 months of you leaving
Breach of the 12-month re-let prohibition. £40,000 Civil Penalty Notice and 24-month Rent Repayment Order available. Apply directly to the First-tier Tribunal within 2 years of the offence.
5Landlord moved in briefly then moved out and re-let
Token occupancy followed by re-letting is still a breach of the 12-month restriction. The restriction runs for 12 months from the relevant date in the notice regardless of how long the landlord actually stays. Same enforcement routes apply.
Send your eviction response letter via Royal Mail
PostRight generates a legally-accurate response letter tailored to your situation. Answer a few guided questions, review your letter, and PostRight prints and posts it via Royal Mail Tracked 24 within one business day. A posted letter creates a dated physical record that is far harder to ignore than an email or an online form.
- ✓Cites the correct legislation for your situation
- ✓Sets a clear deadline for the landlord to respond
- ✓States the escalation path if ignored
- ✓Printed on quality paper and posted by Royal Mail Tracked 24
- ✓From £2.79 -- no subscription required
Frequently Asked Questions
Who counts as 'close family' for Ground 1?
Spouse, civil partner, cohabitee, parent, child, sibling, grandparent, or grandchild. Half-relations count, so a half-sibling or step-child qualifies. The named person must intend to occupy the property as their only or principal home, not as a second home, holiday let, or short-term stay.
My tenancy started less than 12 months ago. Can my landlord use Ground 1?
Not yet. The notice cannot expire in the first 12 months of your tenancy. The earliest a Ground 1 notice can be served is 8 months in, with the 4 months notice taking the expiry to month 12. For tenancies that existed before 1 May 2026, the clock counts from the original tenancy start, not from May 2026.
My landlord cited Ground 1 but I don't think they're really moving in. What can I do?
Demand evidence of the intent to occupy. Who is moving in? When? For how long? Where are they coming from? Estate agents, schools, employment changes, and change-of-address arrangements all leave a paper trail. If the answers are vague or contradictory, section 16J of the Housing Act 1988 applies: criminal offence with civil penalty up to £40,000 as alternative to prosecution (£25,000 starting point in statutory guidance), plus a Rent Repayment Order.
What if the landlord moves in briefly and then re-lets?
That's a breach of the 12-month re-let prohibition. £40,000 Civil Penalty Notice and a 24-month Rent Repayment Order claim. Token occupancy does not bypass the rule. The restriction runs for 12 months from the relevant date in the notice regardless of how long the landlord actually stays.
Does this apply if I live in Scotland, Wales, or Northern Ireland?
No. England only. Scotland, Wales, and Northern Ireland have separate housing law. Contact Shelter Scotland, Shelter Cymru, or Housing Rights NI.
Free Advice Resources
If you need free, independent advice about your eviction notice, the following organisations can help. They can explain your options, check the notice for defects, and support you through any court proceedings.
Shelter England
Free housing advice and legal support for tenants facing eviction. Helpline: 0808 800 4444.
Visit website →Citizens Advice
Free, independent advice on housing, benefits, and tenant rights.
Visit website →Renters Reform Coalition
Campaign group providing guidance on the Renters Rights Act 2025 and tenant protections.
Visit website →GOV.UK: Renters Rights Act
Official government guidance on the Renters Rights Act 2025 and what it means for tenants.
Visit website →Related Eviction Letters
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