New Rules for Landlords Who Want to Move In Themselves

⚖️ New Rules for Landlords Who Want to Move In Themselves

The Renters’ Rights Bill is set to bring sweeping changes to the private rented sector - and one of the key areas affected is when a landlord wants to move back into their own property.

This happens more often than you might think. Many landlords rent out a home they once lived in (or plan to live in again) because of a change in circumstances - a new job, a relationship change, or a temporary relocation.

So, what’s the current process if you want to move back in, and how will the new Bill change things? Let’s break it down.

The Current Rules – Section 8, Ground 1

Right now, most landlords use a Section 21 notice to regain possession, as it doesn’t require a reason. But the formal legal route for moving back into your own property is under Section 8 of the Housing Act 1988, Ground 1.

Ground 1 applies when:

• You (or a close family member) intend to live in the property as your only or main home.

You can rely on this ground if either:

1. You gave written notice before the tenancy began that you might seek possession for this reason, or

2. You persuade the court it’s “just and equitable” to waive this requirement (though the bar for this is high).

This can apply to:

• A landlord who has lived in the property before and needs to again, or

• A landlord who needs to move in for personal or family reasons.

In joint landlord situations, only one landlord needs to meet the criteria.

Best Practice - Giving Notice in Advance

There’s no fixed format for Ground 1 notice, but the simplest way is to include a clause in the tenancy agreement confirming your right to use it in future. Many letting agents already do this - but it’s worth checking your tenancy templates.

If you don’t include this clause at the start, you can still apply to court, but you risk delays and a higher chance of refusal.

Concerns with the Current System

With Section 21 being phased out, landlords worry that relying on Ground 1 will be slower and less certain. The current process isn’t widely used and can be unpredictable if the original notice wasn’t given.

What’s Changing Under the Renters’ Rights Bill

The Bill makes several significant changes to Ground 1 - some of which make life easier for landlords, while others introduce new restrictions.

1. No More Advance Notice Requirement

You’ll no longer have to give written notice before the tenancy begins to use Ground 1. This means you can change your mind later and still seek possession for personal use.

While this gives more flexibility, it’s still wise to keep good records and clear communication with tenants to avoid disputes.

2. Extended List of Eligible Family Members

Ground 1 will now cover a wider range of family members, including:

• You, your spouse or civil partner

• Someone you live with as if married or in a civil partnership

• Your parents, grandparents, siblings, children, or grandchildren

• The same relatives of your spouse/partner

• Half-blood relatives in blended families

This reflects the reality of modern family arrangements and allows you to house relatives in need.

3. 12-Month Minimum Tenancy Term

You won’t be able to use Ground 1 during the first 12 months of a tenancy. This gives tenants greater security in the first year.

If you think you may want the property back sooner, you’ll need to plan carefully before agreeing a tenancy term.

4. Longer Notice Period – Four Months

The new notice period will be four months (currently two in most cases). This gives tenants more time to move but means landlords must plan well ahead.

For example:

• If you want the property back at the 12-month point, you’ll need to serve notice in month eight.

What This Means for Landlords

The changes bring more flexibility in some areas - especially removing the advance notice requirement - but also increase minimum tenancy terms and notice periods.

If you’re a landlord who may want to move back into your property in future, the key takeaway is plan ahead. With the right strategy and early advice from your letting agent, you can stay compliant while protecting your future options.

If you’d like tailored advice on the Renters’ Rights Bill and how it could affect your property plans, our team at Iles & Jenkin is here to help.

📞 Call us on 01934 512537
📧 Email: lettings@ilesandjenkin.com