Section 8 Ground 1 - Landlord Returning to Property (England Guide)

Ground 1 is a mandatory ground that allows landlords to recover their property when they want to live in it as their own residence. It's commonly used by landlords who previously occupied the property themselves, or who always intended to return to it. However, there's a crucial requirement: you must have given the tenant written notice at the start of the tenancy.

What Is Ground 1?

Ground 1 is set out in Schedule 2, Part I of the Housing Act 1988. The ground applies where:

"Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground... [and] the dwelling-house... was at some time occupied by the landlord as his only or principal home... [or] the landlord who is seeking possession or... their spouse or civil partner requires the dwelling-house as his or their only or principal home."

Two Situations Covered

1. Previously Lived There

The landlord occupied the property as their only or principal home at some time before letting it. This covers typical scenarios where you lived in a property, moved away (perhaps for work), let it out, and now want to return.

2. Require It as Principal Home

The landlord (or their spouse/civil partner) now requires the property as their only or principal home. This covers landlords who may never have lived there but need it now.

Key Features

• Type: Mandatory (court must grant possession if conditions met)
• Prior notice: Required in writing before tenancy started
• Notice period: 2 months on Section 8 notice
• Must be landlord or spouse: Not available for family members or companies

The Prior Notice Requirement

The critical requirement for Ground 1 is that you gave the tenant written noticebefore or at the beginning of the tenancy that you might seek to recover the property on this ground.

What the Notice Must Say

The notice must inform the tenant that:

• Possession may be recovered under Ground 1 of Schedule 2 to the Housing Act 1988
• The property was previously your home, or you may require it as your home in the future

Timing

The notice must be given not later than the beginning of the tenancy. This means:

• Before the tenant moves in, OR
• On the day the tenancy starts

Form of Notice

There's no prescribed form. The notice can be:

• A separate document given with the tenancy agreement
• A clause within the tenancy agreement itself
• A letter or email sent before moving in

Who Can Use Ground 1?

Ground 1 is only available to certain landlords:

Individual Landlords

The ground is available to individual landlords (natural persons) who owned the property at some point before the tenancy. This includes:

• The landlord who granted the tenancy
• Someone who inherited the property and the landlord role

Spouse or Civil Partner

The property can be recovered for the landlord's spouse or civil partner to live in. This covers situations where the landlord themselves may not live there but their spouse needs it.

Not Available For:

• Companies: A company cannot have a "principal home"
• Landlords who bought after letting: If you purchased an already-tenanted property
• Other family members: Ground 1 doesn't cover children, parents, siblings, etc.

Joint Landlords

If the property is jointly owned, at least one of the joint landlords must have previously occupied it as their principal home, or at least one (or their spouse) must require it as their principal home.

Court Discretion

While Ground 1 is mandatory when conditions are met, there is limited discretion in one scenario:

Missing Prior Notice

If you failed to give prior notice, the court may (but doesn't have to) waive this requirement if it considers it "just and equitable" to do so. Factors include:

• Why prior notice wasn't given (oversight vs. deliberate omission)
• Whether the tenant knew of the possibility anyway
• Impact on the tenant
• Your genuine need for the property

Genuine Intention

The court may enquire whether you genuinely intend to live in the property. If there's evidence you plan to re-let it rather than occupy it, the court may refuse possession. Evidence of genuine intention includes:

• Your current living arrangements (e.g., renting elsewhere)
• Evidence of selling your current home
• Practical reasons for the move (work, family, retirement)

Notice and Court Process

Section 8 Notice

Ground 1 requires a minimum of 2 months' notice on your Section 8 notice (Form 3). The notice should:

• Specify Ground 1
• State that you previously occupied the property as your home (if applicable)
• State that you require it as your principal home (or for your spouse/civil partner)
• Reference the prior notice given at the start of the tenancy

Court Proceedings

Use the standard possession procedure (Form N5). At the hearing, be prepared to prove:

• Prior notice was given (show a copy)
• You previously occupied the property, or require it now
• You are the landlord (or the property is for your spouse/civil partner)

Mandatory Nature

If you prove these elements, the judge must grant possession. Unlike discretionary grounds, the tenant's circumstances (children, elderly, disability) don't affect the decision. The only exception is the "just and equitable" discretion for missing prior notice.

Ground 1 FAQ