Picture this. You’ve decided to sell your rental, or your daughter needs somewhere to live. You send the tenant a notice and start packing boxes in your head.
Not so fast. Under the Renters’ Rights Act, the old “no-fault” Section 21 notice has gone. To get your property back, you now need a proper reason. Two of the most popular ones are Ground 1 (you or your family are moving in) and Ground 1A (you’re selling).
They look easy. They aren’t quite. Here’s what you need to know, in plain English.
Myth #1: “Serving a notice ends the tenancy”
It doesn’t. A Section 8 notice is just the starting gun. Only a court order, or the tenant choosing to leave, ends the tenancy. Until then, rent is still due and you still have to do repairs.
Ground 1: “We’re moving in!”
You can use this when you, or a close family member, want to live in the property as their home. The catch: not in the first 12 months of a new tenancy.
Good news: “family” is bigger than you think
The person moving in can be:
- you, your spouse or civil partner, or a partner you live with as a couple
- your children, parents, grandparents or grandchildren
- the same relatives of your spouse or civil partner
So yes, your adult son, your grandchild or your partner’s mum can all qualify. And they’re allowed to pay you rent.
Bad news for company landlords
If your property is owned by a limited company, Ground 1 probably won’t work for you. A company can’t have children or need a home. Owning the company isn’t the same as the company’s property being yours to move into. Worth knowing before you plan anything.
Ground 1A: “We’re selling!”
This lets you ask for the property back so you can sell it empty. Again, not in the first 12 months. It also doesn’t apply to certain older assured tenancies that started before 1 May 2026 and weren’t shorthold tenancies.
The timing trick
You don’t have to wait a full year to serve notice. The notice period is four months, so you can serve it around month 8, as long as it doesn’t end before month 12.
The catch that surprises everyone
Once you serve a Ground 1A notice, you can’t change your mind and re-let. For roughly the next 12 months after the notice ends, you cannot:
- rent it to a new tenant
- use it as a holiday let or Airbnb
- even advertise it for those uses
If the sale falls through, the clock keeps ticking. So only go down this road if you’re serious about selling.
A friendlier alternative
The restrictions only kick in if you actually serve the notice. You and your tenant can also agree to end the tenancy together, with no notice at all. That can be quicker and easier for everyone, but be honest. Telling a tenant you’ll use a ground you don’t really intend to use can now land you in trouble.
30-second checklist
- Which ground really fits your plan?
- Have the first 12 months passed (or will the notice end after them)?
- Moving in? Is the owner a person, not a company, and does the family member qualify?
- Selling? Are you sure, given the re-letting restriction?
- Can you prove your plans if the tenant challenges them?
The takeaway
Getting your property back is no longer “just serve a notice”. It’s about choosing the right ground, at the right time, with the right evidence. Get it wrong and you could lose months.
Not sure which route is right for you? Talk to the Open House Wembley team before you serve anything. A quick chat now can save a lot of headaches later.
General information only, not legal advice. The rules are still developing, so check the latest GOV.UK guidance or speak to a housing solicitor about your situation.