Ground 1: Landlord or Family Occupation
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Ground 1 is a mandatory possession ground for when the landlord or their family member needs to occupy the property. You must have given prior notice at the tenancy start that Ground 1 might be used, or the court must consider it just and equitable to waive this requirement.
What is Ground 1?
Ground 1 allows landlords to recover possession when they or a family member genuinely needs to live in the property as their home. It's mandatory, meaning the court must grant possession if the ground is proved.
What are the requirements?
To use Ground 1:
- Prior notice: Written notice at tenancy start that you might use Ground 1
- Genuine intention: You or a family member must genuinely intend to occupy
- As main residence: The person must intend to live there as their only or principal home
- Notice period: 2 months
Who counts as "family"?
Currently, Ground 1 covers the landlord and their spouse/civil partner. The Renters' Rights Act expands this to include:
- The landlord themselves
- Spouse or civil partner
- Parent
- Grandparent
- Child (including adult children)
- Grandchild
What is "prior notice"?
Before or at the start of the tenancy, you must tell the tenant in writing that Ground 1 may be used. This is usually in the tenancy agreement. Without this, Ground 1 can only work if the court waives the requirement as "just and equitable".
Waiver is not guaranteed—courts don't always consider it fair to let landlords skip prior notice.
What changes under Renters' Rights Act?
Post-RRA, Ground 1 becomes more significant as a replacement for Section 21. Key changes:
- Extended to more family members (parents, grandparents, children, grandchildren)
- 12-month protected period—can't use Ground 1 in first year of tenancy
- 4 months' notice required (increased from 2)
What evidence do I need?
Demonstrate genuine intention to occupy:
- Statement of intention (why you need the property)
- Evidence of current living situation
- For family: evidence of family relationship
- Proof you gave prior notice at tenancy start
Frequently asked questions
Can I use Ground 1 to sell the property?
No. Ground 1 requires genuine occupation. For sale, you'll need the new Ground 1A (post-RRA) or to wait for Section 21 to become available and then abolished.
What if I change my mind after getting possession?
If you don't occupy or quickly re-let, tenants may claim you misrepresented your intentions. This could lead to compensation claims. Only use Ground 1 if you genuinely intend to move in.
Managing this yourself?
LandlordOS helps UK landlords stay compliant and organised:
- Automatic compliance reminders for Gas Safety, EICR, EPC
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- Tenancy tracking and rent management
LandlordOS tip
Always include Ground 1 prior notice in your tenancy agreements, even if you don't think you'll need it. Circumstances change. Having the notice in place gives you options if your situation changes years later.