England Form 3A full guide
How to Evict a Tenant Using Ground 1 - Landlord or Family Moving In
Use this landlord guide to check what Ground 1 means, the current post-May 2026 notice period, the evidence to gather, the mistakes to avoid, and the safest next document step before serving Form 3A.
Ground meaning
Ground 1 is for the situation where the landlord, their spouse, civil partner, or another qualifying close family member needs to live in the property as a home.
Mandatory or discretionary status
Ground 1 is mandatory.
Current notice period
The current post-May 2026 notice period is 4 months.
What Ground 1 means for landlords
Ground 1 is for the situation where the landlord, their spouse, civil partner, or another qualifying close family member needs to live in the property as a home.
Ground 1 is mandatory, so the judge must make a possession order if the legal test is proved. The landlord still has to show the occupation plan is genuine, the notice is valid, and the timing rules have been met.
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 the landlord must prove
The notice must set out the substance of the ground and the reasons relied on. If the tenant does not leave, the landlord must prove the same facts at court with documents, service records, and witness evidence.
- 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.
Step-by-step landlord workflow before serving Form 3A
- Confirm the proposed occupier and write a short occupation statement.
- Check the tenancy start date so the notice does not expire too early.
- Collect relationship, address, work, school, care, or accommodation evidence that supports the move.
- Prepare Form 3A with the Ground 1 wording and facts.
- 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.
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.
Court progression and Complete Pack next step
If the tenant does not leave after the notice, the court stage needs a claim form, particulars of claim, a copy of the notice, proof of service, and evidence proving the ground.
- 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.
Related grounds
Ground 1 FAQs
Answers to common landlord questions about using Ground 1 in England.