Following the abolition of Section 21 'no fault' evictions, landlords seeking possession will generally need to rely on one of the statutory grounds under Section 8.
Ground 1
Ground 1 is applicable if the landlord requires the property as the only or principal home of:
- the landlord;
- the landlord’s spouse or partner; or
- the parent, grandparent, sibling, child, or grandchild of the landlord or their spouse or partner.
Ground 1 is a mandatory ground for possession. Where the ground is established, the Court must make a possession order.
Notice Period
For ground 1, there is a 4 month notice period before you can apply to the Court for a possession order to evict your tenant.
This ground cannot be used within the first 12 months of a new tenancy i.e., 12 months from the date the original tenancy agreement commenced.
You can give notice during the first 12 months of a new tenancy, but it cannot expire before the 12-month period has ended.
Evidence Required
Should you wish to proceed with service of a notice relying on Ground 1, it will be important to obtain supporting evidence demonstrating that the ground is made out. In particular, it would be helpful to gather:
- evidence of your current living arrangements (e.g., renting elsewhere);
- evidence of selling your current home;
- correspondence with a mortgage broker about living in the property; and
- evidence of practical reasons for the move (e.g., work, family, retirement).
Landlords should ensure they have sufficient evidence before serving notice, as the Court will consider whether the ground has been properly established.
The burden of proof is on the landlord to satisfy the Court that there is genuine intention to move into the property.
Restrictions
This ground is not available for:
- corporate landlords; and
- landlords who purchased the property with the tenant already in occupation.
There are important restrictions associated with reliance upon Ground 1. Following reliance on Ground 1, the landlord is subject to certain restrictions during the relevant restricted period. In particular, the landlord must not:
- re-let the property (other than to a qualifying family member); or
- market the property, or authorise another person to market it, for letting.
The prohibition on re-letting includes the grant of a further tenancy or licence to occupy, including a holiday let.
Ground 1 is intended for landlords or qualifying family members who genuinely intend to occupy the property as their home. It should not be used simply as a means of obtaining vacant possession.
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