Ground 1 vs Ground 1A: moving back in or selling?

A practical decision guide for landlords choosing between Ground 1 (moving back in) and Ground 1A (selling) under the post-Section-21 regime.

Ground 1 or Ground 1A — which one applies?

Both grounds give you a route to possession without tenant fault, but they answer very different questions and carry different risks.

Ground 1 — you (or close family) are moving in

Use Ground 1 when you or a close family member intend to occupy the property as their only or principal home. 'Close family' is defined in the Act as spouse, civil partner, cohabiting partner, parent, grandparent, sibling, child, grandchild or step-equivalent.

• Notice period: 4 months
• 12-month bar: you cannot re-let the property for 12 months from the notice date
• Evidence the court will look for: identity of the incoming occupier, why they need this property, any sale of their current home

Ground 1A — you are selling

Use Ground 1A when you intend to sell the property with vacant possession.

• Notice period: 4 months
• 12-month bar: you cannot re-let for 12 months after the notice date
• Evidence the court will look for: estate agent instruction, marketing materials, completion progress

The trap

Both grounds carry a criminal offence if you breach the 12-month re-letting bar, plus a Rent Repayment Order of up to 24 months' rent. 'Re-let' includes letting to a different family member, a friend on a short let, or even an Airbnb-style arrangement that the court treats as a tenancy or licence-with-exclusive-possession.

How to choose

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