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England Form 3A ground guide

Section 8 Ground 1: Landlord or family moving in

Need to move back into your rental property, or house a close family member? Check the current Form 3A notice requirements, evidence to keep and what to do if your tenant does not leave.

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A clearer route from ground to possession

What to prepare for Ground 1: Landlord or family moving in

Keep the reason for possession, the notice, proof of service and later court evidence consistent from the outset. Choose the route that matches what you need to do next.

1

Match the facts

Use the ground only where your evidence supports the reason you will give.

2

Prepare and serve

Check the notice details, timing and service record before you send anything.

3

Keep the file joined up

Store the notice, service proof and supporting documents for any court stage.

Choose your document route

Start at the stage your case is actually in

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Waterbrush illustration of a Section 8 notice, service record and delivery checklist

Stage 1: serve the Section 8 notice

£39.99

Choose this route when your immediate job is preparing Form 3A and a clear service record before anything is sent to the tenant.

Problem it solves
It keeps the ground, tenant details, notice date and service evidence in one notice-stage file.
Risk if this is not the right stage
If the tenant stays, you will still need to prepare the court claim file at the next stage.
Landlord outcome
You have a structured notice and service route ready to review, approve and serve yourself.
See the notice route
Waterbrush illustration of a possession claim bundle, court forms and property keys

Stage 2: build the full possession file

£69.99

Choose this route when you want the Section 8 notice and the court-stage forms, evidence structure and hearing prompts planned together.

Problem it solves
It avoids building the notice file first and then trying to reconstruct the same facts for court later.
Risk if this is not the right stage
If you only need to serve notice now, this may be more preparation than your case needs today.
Landlord outcome
You can prepare one joined-up file for notice, N5, N119, evidence and the court stage.
See the full court route

Prefer us to prepare it with you?

Start with a free consultation before any paid work is agreed

Tell us what has happened and show us the documents you have. We confirm whether assisted preparation is suitable, explain the scope, and only then send a secure payment link.

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Section 8 notice assistance

For landlords who need the Form 3A notice, service plan and evidence prompts checked before serving.

Book a free consultation · £149.00
Waterbrush illustration of landlords preparing a possession claim

Full eviction case assistance

For landlords who want the Section 8 notice plus N5, N119, service record, evidence bundle and court-stage file prepared together.

Book a free consultation · £399.00

England Form 3A full guide

How to Evict a Tenant Using Ground 1 - Landlord or Family Moving In

Use this guide to check whether Ground 1 fits your situation, what evidence you need, and what to do before you serve Form 3A.

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When you can use it

Use Ground 1 if you, your spouse or civil partner, or another qualifying close family member needs to live in the property as a home.

What the court decides

Ground 1 is mandatory if you prove the legal test.

Notice period

The current post-May 2026 notice period is 4 months.

Assisted prep

Want us to prepare the Section 8 notice with you?

Prepared for you. Checked with you. Approved and sent by you. Start with a free consultation. We will talk through your case and explain what we can prepare. If we can help, we agree the scope before sending a payment link.

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What Ground 1 means for you

You can use Ground 1 when you, your spouse or civil partner, or another qualifying close family member genuinely needs to live in the property as a home.

Ground 1 is mandatory. If you prove the legal test, the judge must make a possession order. You still need to show that the occupation plan is genuine, the notice is valid and the timing rules have been met.

See a Form 3A example with sample Ground 1 evidence.

When this ground fits and when it does not

Use this ground when

  • You or a qualifying family member genuinely need the property as a home.
  • The tenancy has passed the protected-period rules, or the notice expiry date is after that point.
  • You can explain who will occupy the property, their relationship to you, and why this home is needed.

Do not rely on it when

  • You mainly want to sell the property; Ground 1A is the sale route.
  • You want a flexible no-fault route without evidence of occupation.
  • The proposed occupier is not within the family category allowed by the ground.

What you need to show

Your notice needs to explain the ground and the reasons you rely on. If your tenant does not leave, you will need to prove those same facts at court with documents, service records and a witness statement.

  • Who will move in, including the family relationship where relevant.
  • Why that person needs this property rather than a vague future possibility.
  • That the current post-May 2026 notice period is 4 months and the protected-period rule has been respected.
  • That deposit protection, prescribed information, and service records are ready unless an exception applies.

What to do before you serve Form 3A

  1. Confirm the proposed occupier and write a short occupation statement.
  2. Check the tenancy start date so the notice does not expire too early.
  3. Collect relationship, address, work, school, care, or accommodation evidence that supports the move.
  4. Prepare Form 3A with the Ground 1 wording and facts.
  5. Serve the notice carefully and keep proof of service with the evidence bundle.

Post-May 2026 compliance note

For post-May 2026 England cases, use Form 3A or a form substantially to the same effect, give the right notice period, and write out the ground and reasons clearly. Keep deposit compliance, prescribed information, notice service, and court proof ready unless a ground-specific exception applies.

Current GOV.UK guidance says the court can dismiss or delay a claim if the notice is incomplete, inaccurate, or unsupported by evidence. Treat the notice, checklist, and evidence bundle as one consistent file from the start.

Ground 1 evidence checklist

Ground 1 evidence should make the occupation plan concrete, dated, and easy for a judge to follow.

  • Identity and relationship evidence for the landlord or family member who will occupy.
  • A written occupation statement explaining who will move in and why.
  • Tenancy start date and notice-expiry calculation showing the protected period has been respected.
  • Tenancy agreement, deposit protection, prescribed information, and service records.
  • Supporting practical evidence such as school, work, care, sale-chain, or accommodation records.
Download the ungated Ground 1 PDF checklist.

Common mistakes with Ground 1

  • Treating Ground 1 as a general no-fault replacement.
  • Forgetting that the current post-May 2026 notice period is 4 months.
  • Letting the notice expire inside the first 12 months of the tenancy.
  • Failing to explain which family member needs the property and why.
  • Using sale evidence when the real route should be Ground 1A.

If your tenant does not leave

For the court stage, you need a claim form, particulars of claim, a copy of the notice, proof of service and evidence that proves Ground 1.

  • If the tenant stays, the court claim should match the occupation facts in the notice.
  • Prepare a witness statement that explains the move without changing the reason given on Form 3A.
  • Use Complete Pack if you expect dispute about family status, timing, service, or the genuineness of the move.
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Related grounds

Ground 1A: Selling the property

Ground 1 FAQs

Answers to common landlord questions about using Ground 1 in England.

Yes, if the facts fit landlord or qualifying family occupation and the notice period and protected-period rules are met. The notice should explain the occupation plan clearly.
Yes. Ground 1 is mandatory, but the court still needs to be satisfied that the legal ground is made out on the evidence.
Courts do not pre-approve notices. A current Form 3A can help you avoid drafting mistakes, but the court decides whether Ground 1 is proved if the case reaches hearing.
The strongest files explain who will occupy, the family relationship where relevant, why occupation is needed, and how the timing rules have been met.
No. For this repo and current England guidance, landlord or family occupation is handled under Ground 1. Do not frame a landlord-moving-back-in case as a Ground 3 route.