Eviction if your landlord or their family wants to move in
Your landlord might want you to leave if they or their family member want to live in your home.
Most private renters have assured tenancies.
Assured tenants can only be evicted if your landlord:
gives you a section 8 notice
asks the court to evict you if you stay after the notice ends
Check your tenancy type if you're not sure.
Check the grounds on your notice
A ground is the reason a landlord must give for evicting a tenant. Each ground has a number.
Check if your notice says 'ground 1' on it.
More on other reasons for a section 8 notice.
When can your landlord use ground 1?
Your landlord can only use ground 1 if they or a close family member want to live there as their main home.
You must get at least 4 months' notice if your landlord uses this ground.
Your landlord can give you the notice at any point in your tenancy.
The notice tells you the earliest date your landlord can ask the court for an order to evict you. This date cannot be in the first year of your tenancy.
The first year of your tenancy means from when you moved in, not when the Renters' Rights Act became law.
Example of a landlord wanting to move in
Alex rents from a private landlord. Their assured tenancy starts on 1 January.
In February, the landlord says he wants to move in to the property after a divorce.
Alex asks for a legal notice. The landlord gives Alex a section 8 notice using ground 1.
The earliest the notice can end is 1 January next year. Alex's landlord cannot ask the court for an eviction order until after this date.
Alex might agree to move out earlier but they do not have to do this.
If Alex does not leave when the notice ends, their landlord must ask the court for an order to evict Alex.
Who counts as a close family member of your landlord?
Your landlord's close family members are their:
married or civil partner
unmarried partner who they live with
parent or grandparent
child or grandchild
partner's child or grandchild
brother or sister
Check your notice is valid
Check your notice carefully to see if it's valid.
Your landlord cannot use the notice to evict you if it's not valid.
For example, if:
your landlord gave you less than 4 months' notice
your landlord's notice ends in the first 12 months of your tenancy
you have evidence that your landlord or their family member do not plan to move in
More on checking if the notice is valid.
Get free legal advice
Look for help as soon as you get a notice.
Find a legal adviser on GOV.UK.
Tick 'housing loss prevention advice service' on the search tool.
You could get more legal help if you get benefits or have a low income.
If you need more time to find a new home
You could talk to your landlord if you're happy to move out but you need more time to find another place.
Ask for more time to find somewhere else to live. Get your landlord to confirm what you agree in writing.
Ask the council's homeless team for help if your notice ends in the next 8 weeks.
What happens when the notice ends
If you do not leave by the date on the notice, your landlord must apply to court for a possession order to evict you.
There will be a court hearing. A judge looks at the notice and any evidence and decides if you should be evicted.
You will get a letter from the court to tell you when the hearing is.
Prepare for the hearing
The judge will say you have to leave if your landlord can prove they or their family member plan to move into the property as their main home.
The judge looks at evidence from you and the landlord to help them decide.
Your landlord's evidence
This could be, for example:
a statement confirming they will live in the property as their home
eviction notices or documents that show they must leave their current home
documents that show they have been asked to leave by a family member or ex partner
Your evidence
Take any evidence you have that your landlord or their family do not plan to move in as their main home.
For example:
emails or messages that show your landlord wants to rent to other tenants
property listings that show your home is advertised for rent or sale
Get legal help before the hearing if you can. You can usually get help from a duty adviser on the day of the hearing.
More on:
If your landlord rents the property out again
Your landlord cannot advertise or rent your home to other tenants if they use ground 1 on a notice.
This restriction on renting:
starts from the date your landlord gives you the notice
ends a year after the earliest date your landlord could apply to court
You can tell the council if you think the property has been rented out. The council could fine your landlord.
Example of when a council might fine a landlord
Jay gets a notice that mentions ground 1 and says her landlord wants to move back in.
Jay finds somewhere else to live and moves out.
6 months later Jay walks past her old home and sees someone else moving in. She says hello and finds out it is a new tenant.
Jay reports this to the council and shows them the notice she got. The council can investigate.
The council could fine the landlord up to £7000.
If your landlord pressures you to leave without a notice
Your landlord cannot:
use threats of violence to make you leave
pressure you to leave without notice or a court order
This is harassment.
Get help from your council if your landlord does these things.
Letter templates: Tell your landlord not to pressure you to leave
Tell your landlord they need to use the right legal process if they want to end your tenancy because they or their relative want to move in.
Copy and paste one of our templates into a letter, email or message to your landlord.
Last updated: 1 May 2026
