Section 8 Grounds 1 & 1a: What Landlords Must Prove in Court Under the Renters' Rights Act

The Renters' Rights Act came into force on 1 May 2026, abolishing Section 21 no-fault evictions entirely. For landlords who need their property back — whether to sell, to move in, or to house a family member — the legal landscape has fundamentally changed. The new Section 8 regime places the full burden of proof on you, the landlord, and the courts will hold you to it. This guide explains what Grounds 1 and 1a require, what evidence you must produce, and why instructing a specialist landlord solicitor from the outset is not optional — it is essential.

Under the Renters' Rights Act, every possession claim must now be brought under Section 8 of the Housing Act 1988, relying on one or more of 37 revised grounds. Some grounds are discretionary — the court may grant possession if it considers it reasonable. Others are mandatory — the court must grant possession if the legal criteria are satisfied and the notice is procedurally valid.

Grounds 1 and 1a fall into the mandatory category. That sounds reassuring. In practice, it means the court will apply rigorous scrutiny to whether you have met every legal requirement — because if you have, the tenant has no defence. The pressure is entirely on the landlord to get it right.

Close family now includes: the landlord's spouse or civil partner; a person living with the landlord as if they were a spouse or civil partner; the landlord's parent, grandparent, sibling, child, grandchild, or half-sibling. This expansion is welcome for landlords, but it does not reduce the evidential burden.

• Evidence that the person intending to occupy has a genuine need for the property (not simply a preference);
• Corroborating evidence of the intention — correspondence, change of circumstances, evidence of current accommodation;
• Confirmation that the property will be used as an only or principal home, not as a second property or investment;
• Compliance with the 12-month restriction: you cannot require the tenant to leave within the first 12 months of the tenancy.

If the court later finds that you did not genuinely intend to occupy — or that the stated occupier never moved in — you face civil penalties of up to £7,000 and potential criminal prosecution. The reletting restriction also prevents you from marketing or re-letting the property until 12 months after your notice period ends (see "The 12-month re-let and marketing ban" below).

• A formal valuation from a regulated estate agent or RICS-qualified surveyor;
• Evidence of estate agent instructions or marketing activity;
• Correspondence demonstrating active steps toward a sale;
• Confirmation that the property will not simply be re-let to a new tenant.

As with Ground 1, the 12-month restriction applies. You cannot require the tenant to leave within the first 12 months of the tenancy. The reletting restriction also applies: if you do not complete a sale and instead re-let the property during the 12-month restriction, you face serious legal consequences.

A notice that is incorrectly completed, served by the wrong method, or which fails to specify the correct ground and particulars is invalid. An invalid notice means the court will adjourn or dismiss your possession claim. You will lose your £415 court fee. You will need to start again — adding another 8 months to the process, given current county court wait times. And you will have continued paying mortgage, insurance, and maintenance costs throughout.

Common errors that invalidate Section 8 notices include: incorrect ground numbers; insufficient particulars of the ground relied upon; wrong notice periods; defective service (wrong address, wrong method, no proof of service); and failure to comply with pre-notice requirements such as deposit protection and prescribed information.

This means that if you grant a new tenancy and then decide within the first year that you need the property back, you are legally constrained. Careful planning before granting a tenancy — and specialist legal advice before serving any notice — is essential.

• Section 8 Notice — our fixed-fee service for drafting and serving Section 8 notices;
• Possession Proceedings — full representation in county court possession claims;
• Grounds for Possession — a detailed guide to all 37 grounds under the Renters' Rights Act;
• Renters' Rights Act 2025 — our overview of the Act and its implications for landlords;
• Services for Landlords — our full range of landlord legal services.

If you use a letting agent to manage your property, our associated firm PDA Estates provides fully managed lettings services and can work alongside PDA Law to ensure both your legal and property management obligations are met.

We draft Section 8 notices, advise on the correct grounds, manage county court possession claims, and represent landlords at hearings. We do not use volume processors or unqualified staff. Every matter is handled by a qualified solicitor.

• It starts on the day you serve the section 8 notice. If the court dispenses with notice, it starts when the claim is filed with the court.
• It ends 12 months after the end of the notice period — not 12 months after the tenant leaves.
• It ends early if the court makes a possession order on other grounds.

Example: a tenancy started on 1 June 2026. The landlord serves notice on Ground 1A on 1 March 2027, giving 4 months' notice ending on 1 July 2027. The restricted period runs from 1 March 2027 to 1 July 2028 — about 16 months in total.

• Grant a new tenancy of the property.
• Let anyone occupy it under a licence for money (for example, a lodger or short-let arrangement).
• Market it, or ask anyone else to market it — including advertising that it is or may be available to rent, or a letting agent telling people it is available.

• Ground 1: you can let the property to a qualifying family member — your spouse, civil partner or cohabitee; your parent, grandparent, sibling, child or grandchild; or a child or grandchild of your spouse, civil partner or cohabitee (including half relations). You can also let to someone else where a qualifying family member lives there as their only or main home.
• Ground 1A: the restrictions don't apply to letting or marketing to someone who has agreed to buy your interest in the property, or to take a lease of more than 21 years without a break clause, and is given a licence to occupy in anticipation of that.
• Shared owners: the restrictions don't apply to some shared ownership properties where the landlord uses Ground 1A to sell (assign) the shared ownership lease. The landlord must have given the tenant a written statement that they are a shared owner — by 31 May 2026 for tenancies that existed before 1 May 2026, or before the tenancy starts for later tenancies.

• Re-letting or marketing during the restricted period is a criminal offence, with a fine of up to £40,000. The council can instead impose a financial penalty of up to £40,000.
• Using Ground 1 or 1A without reasonably believing you can get possession, where the tenant leaves within 4 months without a court order, can lead to a financial penalty of up to £7,000. Doing it knowingly or recklessly is a criminal offence.
• The tenant or the council can apply for a rent repayment order of up to two years' rent, within two years of the offence.
• Letting agents and other representatives can be liable too. Someone other than the landlord has a defence if they took all reasonable steps to avoid breaking the rules.

• The notice can't expire within the first 12 months of the tenancy, and must give at least 4 months' notice.
• The court can't order possession on Ground 1 or 1A if the tenancy deposit hasn't been protected or returned.
• Ground 1A can't be used for a tenancy that was already an assured (non-shorthold) tenancy before 1 May 2026, or for a regulated tenancy.
• Plan what happens to the property for the whole restricted period before you serve — especially if a sale might fall through.

PDA Law prepares Section 8 notices from £600 and offers a pre-notice compliance check for £240, so the right ground is used and the restricted period is planned for from the start.

On the day you serve a section 8 notice on Ground 1 or 1A. It ends 12 months after the notice period ends, so in practice it usually lasts about 16 months.

Yes. During the restricted period you can let to a qualifying family member, such as your spouse, partner, parent, child, sibling or grandchild, or to someone else if a qualifying family member lives there as their main home.

It's a criminal offence with a fine of up to £40,000, or a council penalty of up to £40,000 instead. The tenant or council can also seek a rent repayment order of up to two years' rent.

Yes. An agent who markets the property during the restricted period can be liable, although someone other than the landlord has a defence if they took all reasonable steps to avoid it.