Ground 1 Landlords Only or Principal Notice

If you use our Tenancy Builder, this notice is not required as it's built in.  

For tenancies granted on or after 28 February 1997 or for tenancies correctly accompanied with a section 20 notice creating an assured shorthold tenancy since 15 January 1989, this ground 1 notice is not needed. Still, landlords may serve it if they wish. 

Many mortgage companies misunderstand this notice and insist on this Ground 1 notice being served before a tenancy commences. 

A ground 1 notice intends to allow possession on an "assured" tenancy. The landlord may seek the property back due to living in the property as the landlord's only or principal home. 

However, possession may not be sought during the fixed term and even during any periodic term; two months' notice is required. 

Therefore, since February 1997, the standard section 21 notice (2 months' notice) is used, and a landlord does not need to prove whether they intend to live in the property or not. T

Therefore, this ground 1 notice is only necessary if an assured tenancy is granted, which would be very unusual and rare. 

If a buy to let mortgage company insists on service, no harm can come with serving, so a landlord might as well roll with the instruction, even though it will most likely be useless. Full text of Ground 1, Schedule 2, Housing Act 1988 is available here.

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