PostRight - Professional Complaint Letters

Moving back in, or a family member moving in

If you or a close family member need the property to live in, the notice is a Section 8 notice on Form 3A citing Ground 1. Like the sale ground, the court must order possession if you prove it, the notice period is four months, and it cannot be used in the first year of the tenancy.

The form is free. Serving it right is the hard part: see what PostRight checks

Serve a Section 8 notice to move in

Who counts as family

The Act has a fixed list: you; your spouse or civil partner, or a partner you live with as if married; your parents, grandparents, brothers, sisters, children and grandchildren; and the parents, grandparents, brothers, sisters, children and grandchildren of your spouse or partner. Half-siblings count. Cousins, aunts, uncles, nephews and nieces do not. The person must intend to live there as their only or main home.

Ground 1 is for individual landlords. A company that owns the property cannot use it for its directors or shareholders.

The twelve-month rule and the re-let ban

The date in the notice cannot fall within the first twelve months of the tenancy. If the tenant leaves, the property cannot be let or advertised to let for twelve months after that date, with the same penalties as the sale ground.

The notice period

Four months, plus a margin for delivery, from the day the notice is posted. The notice lasts twelve months.

Two things to check first

Deposit protected with the deposit paperwork given; an address in England or Wales given to the tenant for notices. The wizard checks both.

What PostRight does

Form 3A is free on GOV.UK. PostRight fills it in from your answers, checks the dates, prints it, posts it Tracked 24 to each tenant and emails your certificate of service. From £29.99. PostRight is not a law firm and does not give legal advice.

Frequently Asked Questions

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Serve a Section 8 notice to move in