For many landlords, circumstances evolve over time. A property that was once a long-term investment may now be needed as a home again, whether due to relocation, family requirements or changing financial priorities.
Under the Renters’ Rights Act, regaining possession for personal use has become a more structured and evidence-led process. With the removal of Section 21, landlords must rely on specific legal grounds and follow clearly defined procedures.
At Ellis & Co, we are helping landlords adapt to this new framework. Here is what you need to understand before taking steps to move back into your property.
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The Legal Route: Using Ground 1
Under the current system, all tenancies are periodic assured tenancies, and landlords must use Section 8 grounds to regain possession.
Where a landlord wishes to return to the property, the relevant route is Ground 1: occupation by landlord or family. This remains a mandatory ground, meaning that if the court is satisfied the criteria are met, possession must be granted.
Ground 1 applies where the property is required as the only or principal home of the landlord or a close family member. However, the emphasis is now firmly on genuine intention. The courts are expected to take a more rigorous approach, ensuring that the ground is not used as a workaround to remove tenants without a valid reason.
Timing: Why Forward Planning Is Essential
Timing has become one of the most important considerations under the new regime.
Landlords can no longer act quickly or flexibly in response to changing circumstances. There is now a 12-month protected period at the start of a tenancy, during which Ground 1 cannot be used. After that, landlords must provide at least four months’ notice before possession can be sought.
In practical terms, this means regaining your property is rarely a short-term solution. Even once notice has been served, delays can arise if court proceedings are required. As a result, landlords should plan well in advance and avoid making assumptions based on previous rules.
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Evidence: Demonstrating a Genuine Intention to Occupy
The success of a Ground 1 claim will depend heavily on the strength of the landlord’s evidence.
There is no prescribed checklist, but the court will expect to see clear and consistent proof that the intention to move into the property is genuine. This could include evidence of a change in living arrangements, financial commitments tied to relocation, or documentation showing that the property is intended to become the landlord’s main residence.
What matters most is credibility. If the evidence appears vague, inconsistent or speculative, the court may question the validity of the claim. A well-prepared case, supported by clear documentation, is far more likely to proceed smoothly.
The 12-Month Re-Letting Restriction
One of the most significant safeguards introduced by the Renters’ Rights Act is the restriction on re-letting.
If a landlord regains possession using Ground 1, the property cannot be marketed or let again for a period of 12 months. This is designed to prevent misuse of the system and ensure landlords act in good faith.
For landlords, this introduces an additional layer of responsibility. Before serving notice, it is essential to be confident that the decision to move back in is both genuine and long-term. If circumstances change shortly afterwards, the restriction can create practical and financial challenges.
Compliance: Still a Critical Part of the Process
Although the legal route to possession has changed, compliance obligations remain just as important.
Courts will continue to assess whether landlords have met their responsibilities, including deposit protection and overall tenancy management. Any gaps in compliance can delay proceedings or weaken a possession claim.
The key difference now is that, without Section 21, there is no alternative route if something goes wrong. This makes accuracy and attention to detail more important than ever.
A More Structured Approach to Possession
The Renters’ Rights Act represents a clear shift towards a more transparent and accountable rental sector. Landlords can still regain possession for legitimate reasons, including moving back into their property, but the process now requires greater preparation and clarity.
For landlords, this is less about restriction and more about structure. Those who plan ahead, understand the legal framework and present a well-evidenced case are still well positioned to regain possession successfully.
Expert support for landlords navigating possession
Regaining a tenanted property for personal use is still achievable, but it requires careful planning around timing, evidence and compliance.
At Ellis & Co, we provide clear, up-to-date guidance aligned with current legislation, helping you manage the process correctly from start to finish.
If you are considering moving back into your rental property, speak to your local Ellis & Co branch for expert advice on navigating the Renters’ Rights Act with confidence.
