Call of the month: How do I serve notice on my student tenants?
Student landlords are amongst the hardest hit by new rules introduced under the Renters' Rights Act, and our landlord support team has been inundated with calls asking for help when it comes to ensuring homes are ready for the new cohort of students this autumn.
Here we examine one of them in more detail - and signpost resources that can help you negotiate the new rules.
The call to our Landlord Support Team
The caller contacted the team, explaining they were a student landlord with a HMO. They said their tenants have been renting the property since last September, and they need to take back possession ahead of the next group of students starting in autumn. They wanted to know what they need to do to make sure they follow the new rules correctly.
What did our adviser say?
Our adviser told the member that – under the new Act – they can serve a section 8 notice using ground 4a (the student possession ground) to take back possession of their property.
As this ground is reliant on the landlord giving their tenants prior notice - in writing - that they plan to use it at the outset of the tenancy, landlords like our caller would, theoretically, be unable to use it as, when they signed the initial contract, the Act was not in force.
This is further complicated by the fact ground 4a also requires the landlords to give tenants at least four months’ notice.
However, as we explained on the call, this landlord will be able to use the ground this year – if they follow the correct process.
How to use the possession ground
For landlords like our caller, the Government created a slightly different set of rules to allow to regain possession ahead of September 2026. Landlords must take action within strict deadlines or they will miss their window to use it.
Informing the tenants ground 4a can be used
Rather than having to inform the tenants before the tenancy begins, landlords with existing tenants have until the end of this month (May) to inform tenants that they plan to use ground 4a this year.
The tenants need to be notified in writing that they met the 'student test', and to inform them the landlord is able use ground 4a where they plan to let to another group of students. This should be given to all tenants in the property and a template can be accessed here.
This must be served before using a Section 8 notice with Ground 4a included. If the landlord misses the 31st May deadline, they lose access to Ground 4a during the tenancy.
Serving the notice
Once the landlord has informed the tenant that ground 4a can be used, they may then serve a Section 8 notice (form 3a) including ground 4a to start possession proceedings. Completion notes for this can be found here.
For this academic year only, landlords like our caller can also make use of a shorter notice period when they use this ground.
Until 31st July this year these landlords can issue a section 8 notice under ground 4a giving two months' notice – as opposed to the usual four months’ – to ensure properties are vacant for new student tenants.
This is time limited, with the July deadline meaning it can only be used to ask for possession up to 30th September.
Is there anything else I need to do?
In addition to this we advised the caller they must also:
- Give their tenants a copy of the Government information sheet, which must be provided to all existing tenants – students or otherwise – before the end of this month (May). This must be downloaded directly from the GOV.UK website here.
- Make sure they meet the other general requirements necessary to use the new student ground. These are laid out in full on our student lets resources page here.
The landlord thanked us for our help, and we directed them to the student lets resource pages (referenced above) which includes downloadable templates and tenancy agreements, for more information.
Get in touch
If you have a question and need our help and advice our dedicated landlord support team can be contacted:
- On live chat, by clicking in the chat icon on the bottom of any page.
- Online using our enquiry form here.
- By email at [email protected]
- Via whatsapp on 0745 128 1300
- By calling 0161 962 0010.
More information
In addition to our online resources, our award-winning training academy runs a course offering a deep dive into how the Renters’ Rights Act will impact student landlords, which can be accessed here.
