Getting to grips with the new grounds: 4a - the student ground

Student landlords are among those worst affected by the loss of the fixed term and section 21, with their business model reliant on taking back possession ahead of the next academic year to house a new cohort of students. 

Ground 4a, the student ground, was introduced as part of changes coming in under the Renters’ Rights Act following relentless campaigning from the NRLA, and is one of the 37 grounds now available to landlords to regain possession. 

However, its scope is limited, as it is only available to landlords of student HMOs. 

Here we look at what’s changed – and how it will work in practice.

What is ground 4a – and who can use it?

Specifically designed for student landlords, ground 4a provides a route to regain possession of certain student properties between academic years. However, the ground is subject to strict conditions and does not apply to all student accommodation. 

It is a mandatory ground which means that, provided you meet the qualifying criteria the court is legally obliged to grant possession.  

We had lobbied for a student ground in the lead up to the introduction of the new legislation, on the basis that this element of the market operates differently to the rest of the private rented sector, arguing a failure to provide a mechanism for student landlords to regain possession could have a potentially catastrophic impact on the supply of student homes. 

That said, the ground does come with caveats and, unfortunately, excludes smaller one- or two-bedroom student properties.

Under what circumstances can I use Ground 4a?

To use ground 4a all of the following conditions must be met:  

• The tenancy is an assured tenancy. 
• The property is a House in Multiple Occupation (HMO). 
• The tenancy was entered into less than six months before the tenants were entitled to move in. 
• All tenants are students, or the landlord reasonably believes they will become students during the tenancy. 
• The landlord intends to re-let the property to another group of students. 
• Possession is required between 1 June and 30 September. 
• The landlord has complied with the required prior notice provisions. 
• The landlord provides the correct Section 8 notice period.

If any of these requirements are not met, the ground may not be available.

What is a HMO?

A HMO is typically a house or flat where at least three people are using it as their main home, and at least two of them are unrelated to each other. Examples of HMO would include three unrelated students sharing a house, or a couple and one friend living together in a flat.

What is prior notice – and how does it work?

In short this means that when you set up a new tenancy you have to let your student tenants know that you plan to use section 4a to regain possession before you enter into the agreement. 

As this needs to be in writing, including it in the tenancy agreement itself is the most practical place to provide this information, with our student tenancy agreements – available to download for free from the NRLA website here – including clauses outlining this intention.

How do I serve notice?

When it comes to using the ground, you must serve a Section 8 notice citing Ground 4a. 

In most cases at least four months' notice is required, and that notice must expire during the period from 1 June to 30 September, so you will need to factor this in when working out when to serve the notice. If you leave it too late it might expire outside the June-September window.

Transitional arrangements

Transitional arrangements were set up for this year – as the Renters’ Rights Act came in on 1st May, halfway through the 2025/26 academic year.  

These gave student landlords special dispensation to give two months’ notice between 1st May and 31st July  – with this Friday (31st July) the final day you can serve notice to take advantage of these one-off rules. 

After that you must give the standard four months’ notice.

What do I do if I have a one- or two-bedroom student property?

This what we believe to be one of the biggest flaws when it comes to the ground, and one we continue to challenge. 

Significant numbers of students live in smaller properties, particularly postgraduate students, mature students and couples, with our research showing one and two bedroomed homes could make up to a third (32%) of all off-street student housing. 

These properties will typically not have access to Ground 4A as they won't meet the conditions for a  HMO. It will usually be up to the tenant to decide when they leave, and this may not happen in line with the academic year.

What about purpose-built student accommodation (PBSA)?

Purpose-built student accommodation will usually follow different rules as they won't be an assured tenancy. Instead, they will normally be a non-assured tenancy that sits outside the Renters' Rights Act. This means they can offer fixed terms and end the tenancy without using a Section 8 notice.  

To be PBSA, a property must be owned or managed by someone signed up to, and following, a recognised code of practice (the UNIPOL/ANUK code for larger developments).  

The code can only be applied for where at least 15 students living in the same building, so only the largest student HMO will potentially be able to sign up to this code.

What happens next?

While we welcome the Government recognising the unique challenges faced by student landlords when it comes to possession, we have serious concerns about the impact of the Renters’ Rights Act on the supply of student homes, and will continue to monitor the impact of the legislation of student housing at the start of the next academic year and beyond. 

Potentially a third of student landlords have no workable mechanism to regain possession between academic years and we will be collating evidence to this end to back up our calls for the extension of the ground to all student tenancies – to provide certainty to student tenants and landlords alike.

More information

• If you are a student landlord we would love to hear more about your experience with the new possession arrangements. Email [email protected]  
• For more detail on how the Renters' Right Act will impact the student market visit our dedicated student lettings pages here. 
• New assured periodic tenancy agreements, that can be used for tenancies signed on or after 1st May, are now available to download for free from our website.   These include a dedicated contract for use by student landlords. 
• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here. 
• Our award-winning training academy runs a comprehensive Renters' Rights Act training offer including a course specifically designed for student landlords. Click here to book your place.