Section 8: Grounds 1 & 1A - Leading legal expert sets record straight

Since the abolition of Section 21 “no-fault” notices, every possession claim starts with the same question: “What’s your reason?”

This is because under the Renters’ Rights Act (RRA), Section 8 notices are the only legal route to possession for landlords. Each notice must be supported by one of the 37 grounds set out in the new(ish) legislation.

There is one thing I’d like to make clear at the outset: serving a Section 8 notice does not automatically end a tenancy. It simply opens the gateway for the court to grant possession.

Until either a possession order is made or the tenant voluntarily leaves, rent still needs to be paid and repairs carried out. This is one of the biggest misunderstandings I see in the Private Rented Sector, and one I’m pleased to dispel here.

In this, my first column, I thought it would be appropriate to look at Grounds 1 and 1A. They’re obvious, but they’re also two of the most misunderstood grounds in the new regime.

• Ground 1: Occupation by the landlord or family 

• Ground 1A: Sale of a dwelling house 
• Final thought

Ground 1: Occupation by the landlord or family

“If you or a close family member need to move into the property, you can use this ground. You cannot ask your tenant to leave for this reason within the first 12 months of a new tenancy.” - Grounds for possession: guidance for landlords and letting agents, Gov.uk

Most people think that Ground 1 is pretty straightforward: “the landlord wants their property back so they can live in it.” While that is generally correct, it’s not the whole picture.

With the RRA, Ground 1 dramatically widens who can occupy a property. It’s no longer limited to the landlord and their spouse or civil partner. The Ground now extends to partners living together as though married, as well as the children, parents, grandparents, and grandchildren across the wider family network of landlords or the landlord’s spouse or civil partner.

This has created a slew of interesting possibilities that didn’t exist before. For instance, a landlord may now recover possession so that an adult child, a grandchild, or even a member of their spouse’s family can move in. There is also no restriction on charging rent to those family members.

I suspect that many PRS stakeholders haven’t realised how broad this has become.

Limited company nuance

Something I find people are in the dark about is that if a landlord has incorporated their property portfolio, Ground 1 may not help them regain possession.

Companies don’t have children, grandchildren, or need anywhere to live. By operating through a limited company, many landlords don’t realise they're trading away their personal possession rights.

Since the RRA came into force, I’ve spoken to several landlords who assumed they could recover properties owned by their LTD because, ultimately, they owned the company.

Unfortunately, that's not how the legislation works.

Companies are separate legal personalities from the people that own them. That provides benefits in terms of tax and liability, but it also has disadvantages, and this is one of them.

To avoid nasty surprises down the line, you should broach the topic with your landlords and ensure they have the whole picture before making any decisions.

Policy choices

I think it’s important to take a step back here and think about what Ground 1 means for government policy.

Whether intentionally or not, Ground 1 makes it much easier for older landlords to reclaim their property for younger family members (even if they’re not blood-related).

At a time when huge amounts of housing wealth are gradually being passed between generations, that’s quite an interesting policy decision.

Ground 1A: Sale of dwelling house

“You can use this ground if you intend to sell your property. You cannot ask your tenant to leave within the first 12 months of a new tenancy for this reason. You cannot use this ground if your tenant has an assured tenancy created before May 1, 2026 that was not an assured shorthold tenancy. These non-shorthold tenancies are sometimes known as assured ’lifetime tenancies’. Most social landlords cannot use this ground.” - Grounds for possession: guidance for landlords and letting agents, Gov.uk

On the face of it, Ground 1A is simpler. The landlord wants vacant possession because they intend to sell the property. Couldn’t be clearer, right?

The difficulty with 1A lies in the web of rules about timing that surrounds it.

The protected period

From what I’ve seen, this is where much of the confusion begins.

Many people believe you can’t serve a Ground 1A notice until the tenant has lived in the property for 12 months, but that’s not quite right.

The notice period is four months, which means you can serve the notice after eight months provided that it expires no earlier than the end of month 12. It’s a small distinction, but a very important one when you’re trying to sell a property.

There are also some unresolved questions regarding existing tenancies that converted under the new regime, as well as tenancy changes, such as tenancy swaps. At the time of writing, those questions don’t have definitive answers and may ultimately require court interpretation.

The restricted period

Separate from the protected period is something entirely different: The restricted period.

In my experience, this is the rule that catches people out the most.

Once a landlord serves a 1A notice, restrictions begin. They continue throughout the notice period and then generally extend for a further 12 months after the notice expires (or, if court proceedings are issued, from the date proceedings begin).

During that time, the landlord can’t simply change their mind and re-let the property. That means:

• No new tenancies
• No holiday lets
• No Airbnb
• No marketing for any of these things either

This shows why landlords need to be cautious when using 1A. If your clients are recovering possession through it, they need to be serious about selling. If the sale falls through, the restriction doesn’t simply disappear because your circumstances have changed. The clock will keep running.

One practical wrinkle

There is, however, one practical point that agents should keep in mind: the restrictions only arise if the statutory notice is actually served.

There's nothing to stop a landlord and tenant reaching a genuine voluntary surrender by agreement before any notice is issued. Provided everyone is honest about the situation, that can offer considerably more flexibility than relying on Ground 1A itself.

Of course, honesty is crucial. The legislation now imposes consequences on landlords who falsely claim they intend to rely on a ground for possession to persuade a tenant to leave when they cannot or do not intend to actually rely on that ground.

Final thought

The biggest lesson from Grounds 1 and 1A isn't really about these two grounds at all.

It's that the era of "just serve a Section 21" has gone.

Agents will increasingly be valued for understanding which ground applies, when it can be used, and what evidence will be needed. That's no bad thing. Professional advice becomes more valuable when the law becomes more nuanced.

And if Grounds 1 and 1A have taught us anything, it's that the nuance is only just beginning.