Your landlord says they're moving back in. Or that their son needs the flat, or their mother is coming to live nearby. However it's phrased, the message ends the same way, with a date they'd like you gone by.
Since 1 May 2026, a landlord in England who wants the property back for themselves or family must use Ground 1, a possession ground in the Housing Act 1988 rewritten by the Renters' Rights Act 2025. It comes with a fixed list of who counts as family, 4 months' notice, no effect inside the first year of your tenancy, and a 12-month ban on re-letting afterwards. Getting it wrong can cost the landlord a fine of up to £40,000 and a claim from you worth up to 2 years' rent.
Who can a landlord move in under Ground 1 of the Renters' Rights Act
Ground 1 only works if the property is needed as an only or principal home for someone on the Act's list. That list covers:
- the landlord
- the landlord's spouse or civil partner, or a partner they live with as though married or in a civil partnership
- a parent, grandparent, brother, sister, child or grandchild of the landlord
- a parent, grandparent, brother, sister, child or grandchild of the landlord's spouse, civil partner or live-in partner
Half-siblings count, and because the list runs through the landlord's partner it reaches step-children and in-laws. It does not reach cousins, nieces, nephews, aunts, uncles or family friends. If the person named is not on the list, the ground fails.
"Only or principal home" has teeth too. A base for occasional weekends, or a flat left sitting empty, does not meet the test.
How much notice does a Ground 1 eviction need
A landlord relying on Ground 1 must serve a Section 8 notice on the prescribed form, state Ground 1, and give you at least 4 months' notice before they can start court proceedings.
There is first-year protection too. The date on the notice is the earliest day the landlord could go to court. That date must fall more than 12 months after your current tenancy began, and a notice naming an earlier one is defective, whenever it was served.
Ground 1 is mandatory, so if the landlord proves it at a hearing the judge must order possession. Checking the notice is your first job. Wrong form, short notice, or a leave date inside your first year can each sink the claim, and an unprotected deposit blocks a possession order until the landlord protects or returns it.
A notice is not an eviction either. Your tenancy continues until a court orders possession and bailiffs enforce it. If you might have nowhere to go, tell your council's housing options team now. Once your leave date is within 56 days, a valid notice triggers their formal duty to prevent homelessness.
What proof of moving in does a court expect
The landlord has to satisfy the judge that the named person requires the property as their only or principal home. A bare assertion is weak evidence, and judges know this ground is open to abuse.
Expect a court to want to know who is moving in, how they are related, and why they need this property now, such as a job relocation, a relationship breakdown, or the sale of their own home. A witness statement from the family member themselves carries far more weight than the landlord speaking for them.
If the explanation keeps changing, or the notice landed a week after you refused a rent increase or reported disrepair, keep that correspondence. The sequence of events is evidence under the Act's wider protections against backdoor evictions.
The 12-month re-letting ban after a Ground 1 notice
Serving a Ground 1 notice starts a restricted period. It runs from the day of service until 12 months after the earliest court date the notice gave, or 12 months after a possession claim was filed, whichever is later. During that window the landlord must not re-let or market the property, including lodger arrangements and short lets on sites like Airbnb.
This is how you catch a fake. The classic pattern is an eviction "for my brother", followed by the same flat on OpenRent a month later at £200 more. Build a small routine now.
- Keep the notice and every message mentioning the move-in, with dates.
- Search the address weekly on OpenRent, Rightmove, Zoopla, SpareRoom and Airbnb. Screenshot any listing with the date visible.
- Carry on after you leave. The ban outlasts your tenancy, and most fake move-ins surface in the first few months.
Fines and rent repayment orders for Ground 1 misuse
Knowingly or recklessly misusing Ground 1 is an offence under the rewritten Housing Act 1988, and so is re-letting or marketing the property during the restricted period.
Your council can prosecute either offence, or issue a financial penalty of up to £40,000 instead. Report what you find to its private rented sector enforcement team, whether or not you still live there.
Separately, you can apply to the First-tier Tribunal for a rent repayment order of up to 2 years' rent. Misusing Ground 1 and breaching the re-letting ban both qualify, you do not need to still be the tenant, and you have 2 years from the offence to apply. On rent of £1,200 a month that is up to £28,800. Our guide to who qualifies for a rent repayment order covers the test in detail.
If your landlord is claiming to sell instead, see our guide to your rights when a landlord is selling under Ground 1A.
Been served a Ground 1 notice, or suspect nobody ever moved in? Remedy can check the notice against the Act's requirements and tell you whether you have a misuse claim worth pursuing.
