Moving back in (you or family)

Selling or moving in: grounds 1 and 1A

• Ground 1A: you intend to sell the property. Ground 1: you or a close family member intend to live there.
• Both are mandatory grounds with four months' notice.
• Notice can be given during the first 12 months of a tenancy, but it must not expire (and you cannot go to court) until the first 12 months have passed. Example: serve four months' notice in month 8.
• Once you serve notice on either ground, a 'restricted period' starts: you must not re-let the property or market it for letting (including paid short lets) until 12 months after the later of (a) the date given in the notice as the earliest date court proceedings can start and (b) the date any court claim is made — at least 16 months in total, even if the sale or move falls through. Breaking this is a criminal offence; the council can instead impose a civil penalty of up to £40,000.
• The restriction is on letting, not on living there: under either ground you (or your family) can still move in yourselves, and you can market it for sale.
• You may need evidence of your intention (for example an estate agent instruction for selling).

Alternatives to evicting before a sale: sell with the tenant in place to another landlord or investor (often quicker, no void period), or agree a surrender with the tenant in writing.

Rules after using grounds 1 or 1A: the restricted period and penalties

• The 'restricted period' starts on the day you serve a Ground 1 (moving in) or Ground 1A (selling) notice and ends 12 months after the later of the date in the notice and the date any court claim is made — at least 16 months in total.
• During it you (and your agent) must not re-let the property, market it for letting, or let it under a paid licence such as a holiday or short let. Selling, leaving it empty or moving in yourself is fine.
• Exceptions include letting to the family members Ground 1 covers, and for Ground 1A a licence or long lease to the buyer.
• Re-letting or marketing in the restricted period is a criminal offence. The council can instead impose a civil penalty of up to £40,000, and the former tenant may be able to claim a rent repayment order.
• Knowingly or recklessly using a ground you're not entitled to is also an offence (civil penalty up to £40,000). The lower £7,000 civil penalty applies to other first breaches, such as not using the official notice form.
• Keep evidence of your genuine intention (e.g. estate agent instruction, sale listing, evidence of family moving in). If plans genuinely change, take advice before re-letting.

Commentary: https://theindependentlandlord.com/grounds-1a-1/

Official sources

• www.gov.uk/government/publications/grounds-for-possession-guidance-fo…
• www.gov.uk/government/publications/guide-to-the-renters-rights-act/gu…

General information on the law in England, not legal advice. Never assume a claim will succeed — for court action, speak to a qualified professional.

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