Got a Notice Because Your Landlord Wants to Move Back In? Read This First

If your landlord has told you they or a family member want to move into the property and that you need to leave, do not panic. Since Section 21 no-fault evictions were abolished on 1 May 2026, a landlord in England must rely on a specific legal ground and follow the correct process before you can be forced out. The ground used when a landlord wants to move in is called Ground 1. This guide explains what it means, what your landlord must prove, and what you can do if the notice is wrong.

What Ground 1 actually means and who counts as a family member

Ground 1 is the legal ground a private landlord uses when they, or a close family member, want to live in the property as their only or main home. It is a mandatory ground, which means that if the landlord proves the facts and follows the correct process, the court must order possession. However, that does not mean you have to leave straight away.

A close family member includes the landlord's spouse or civil partner, an unmarried partner they live with, a parent or grandparent, a child or grandchild, the partner's child or grandchild, or a brother or sister. Half relations also count. The landlord cannot use this ground for a distant cousin, friend, or tenant who simply wants a different home.

Ground 1 only applies to private landlords. Social landlords cannot use it, and it cannot be used if your tenancy was already an assured tenancy before 1 May 2026. If you are unsure which ground you have been given, read our full guide to the grounds for possession in England.

The correct notice period and paperwork required

Your landlord must serve a valid Section 8 notice that clearly states Ground 1 and explains how it applies. The notice must give you at least four months before the landlord can apply to court. The notice must also expire more than twelve months after your tenancy began, measured from when you moved in, not from when the law changed. This means a landlord cannot normally use Ground 1 in the first year of your tenancy.

The notice must tell you the earliest date your landlord can ask the court for a possession order. Only after that date can the landlord apply to the County Court. A notice on its own does not end your tenancy and does not give anyone the right to remove you. Only a court can order you to leave, and only a court-appointed bailiff or High Court enforcement officer can carry out the eviction.

What the landlord must prove and common mistakes that make the notice invalid

At court, the landlord must prove that they or a qualifying family member genuinely intend to live in the property as their only or principal home. Evidence might include a written statement, eviction notices from their current home, or documents showing they have been asked to leave by a family member or ex-partner.

A Ground 1 notice can be invalid if:

• the notice period is less than four months
• the notice expires in the first twelve months of the tenancy
• the wrong ground is named, or the ground is not explained
• the landlord cannot show a genuine intention to move in
• your deposit was not protected in a government-approved scheme or the prescribed information was not given

If your landlord gets any of these wrong, the notice may be invalid and they would have to start again. The same strict rules apply if your landlord wants to sell, which is a different ground. You can read our guide on what to do when your landlord wants to sell.

What tenants can do to challenge it

You do not have to move out just because you have received a notice. Start by reading it carefully and checking the dates and the ground. Keep the original notice, note the date you received it, and save any messages or emails from your landlord. If you think the landlord is not being genuine, look for evidence such as adverts for the property, conversations about re-letting, or plans to sell.

If the case goes to court, you can defend it. You can argue that the landlord has not proved Ground 1, that the notice was defective, or that your deposit was not protected. You can also ask the court to delay the possession date if you would suffer exceptional hardship. Get advice as early as possible from Shelter on 0808 800 4444 or Citizens Advice. A duty adviser may be available at court on the hearing day.

What happens if the landlord does not actually move in

Ground 1 is meant to be used honestly. If a landlord evicts you saying they or a family member want to move in, but then re-lets the property to someone else, they have misused the ground. The law places the property under a restricted period from the date the notice is served until twelve months after the notice ends. During that period, the landlord must not grant a new tenancy or allow anyone to occupy the property for money, and must not market it to new tenants.

If the landlord breaches these rules, the local council can impose a financial penalty of up to £7,000. In serious cases, the landlord can be prosecuted and fined up to £40,000. You, or the council, may also be able to apply for a rent repayment order of up to two years' rent. That is real compensation for being wrongly evicted. Keep evidence such as photographs, tenancy listings, or messages from the new tenant, and report it to your local council.

For the official position, read the GOV.UK guidance on grounds for possession.

If your landlord says they want to move back in and you want to know whether the notice is valid, get a free answer at rentingrights.co.uk, no account needed.

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Disclaimer: RentingRights provides legal information only, not legal advice. This information reflects the law in England as of May 2026 and is sourced from GOV.UK under the Open Government Licence v3.0. Laws and guidance change, so always verify against current GOV.UK guidance before taking action. We are an independent service operated by Olivian Group Ltd and are not affiliated with or endorsed by the government. For advice on your specific situation, consult a qualified housing solicitor or contact Shelter on 0808 800 4444.

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