What is Ground 4A?
Ground 4A is a possession ground added to Schedule 2 to the Housing Act 1988 by the Renters' Rights Act 2025, in force since 1 May 2026. It is a mandatory ground, which means that if the landlord proves every condition, the court must make a possession order.
Since 1 May 2026, most private tenancies in England are assured periodic tenancies with no fixed term, and section 21 has been abolished. Without a ground like 4A, a landlord of a student house could not be sure of getting the house back at the end of one academic year to re-let it for the next. Ground 4A fills that gap, but only for HMOs and only when its conditions are met in full.
The wording is in Schedule 2 to the Housing Act 1988, and the notice period is in section 8. Read them with your solicitor before you rely on the ground.
What conditions must be met to use Ground 4A?
All of the following conditions must be met. If any one is missing, the ground is not available.
- The property is an HMO, or is in one. The ground has no alternative based on the number of bedrooms. If you are unsure whether a property counts as an HMO for this ground, take legal advice before you rely on it.
- The tenant meets the student test when the tenancy is entered into. They must be a full-time student, or the landlord must reasonably believe they will become one. In a joint tenancy, every joint tenant must meet the test.
- The landlord gives prior written notice. Before the tenancy is entered into, the landlord must give the tenant written notice that possession may be sought on this ground.
- The tenancy is signed within the 6-month window. The tenancy must be entered into no more than 6 months before the date the tenant is entitled to move in. Sign any earlier and the ground cannot be used.
- The timing condition is met. The legislation requires what it calls the relevant date to fall between 1 June and 30 September. Check with your solicitor exactly how that date is worked out for your case.
- The landlord intends to re-let to students. The landlord must intend to let the property to students again.
Keep evidence for each condition, such as copies of the written notice, signed and dated tenancy agreements, move-in dates and proof of student status.
How much notice is needed under Ground 4A?
The landlord must give at least 4 months' notice under section 8(4AA) of the Housing Act 1988. That is long compared with the academic calendar, so it needs planning.
Count backwards from the date you want possession, allow time for the notice to be served properly, and check the timing against the 1 June to 30 September condition with your solicitor. As a simple illustration of the arithmetic, a notice served at the start of February gives 4 months to the start of June.
Remember that the tenancy is periodic. Tenants can give 2 months' notice to leave at any time, so a student who finishes their course early may leave before you serve any notice.
How does the 6-month signing window work?
The tenancy must be entered into no more than 6 months before the date the tenant is entitled to move in. If the room is let from 1 September, the tenancy should not be signed before 1 March of the same year if you want to keep Ground 4A available.
This affects how student lets are marketed:
- You can advertise and take enquiries earlier, but the tenancy itself must not be entered into before the window opens.
- No rent can be taken before the tenancy is signed. Check any other payment you plan to take before signing against the Renters' Rights Act rules and the Tenant Fees Act 2019.
- Between signing and the start date, you can ask for no more than one month's rent.
- You must publish an asking rent and cannot accept offers above it.
The written Ground 4A notice must be given before the tenancy is entered into. Build it into the paperwork you send before signing, not into the tenancy agreement itself, so there is no doubt about the order.
What is a practical timetable for an academic-year student let?
Here is an illustrative timetable for a student HMO let from 1 September. Check each date against the legislation and your own tenancies.
| When | What to do |
|---|---|
| Autumn and winter | Check the licence, certificates and condition of the house. Plan any works for the summer gap. Set the asking rent for each room. |
| Early in the year | Decide whether you need possession from current tenants. If so, take advice on the timing and serve any Ground 4A notice with at least 4 months to run. |
| From 1 March | The 6-month window opens for a 1 September move-in. Give each new tenant written notice that Ground 4A may be relied on, then sign the tenancy. |
| After signing | Take no more than one month's rent before the start date. Give the written statement of terms and the gas safety record before move-in. |
| Summer | Carry out works, renew certificates that are due and check the alarms. |
| 1 September | Tenants move in. Check that smoke and carbon monoxide alarms work on the first day of the tenancy. |
A good HMO management diary tracks these dates for every room. Our void and turnaround refurbishment service is planned around the summer gap.
What happens if the Ground 4A conditions are not met?
If any condition is not met, the landlord cannot use Ground 4A. The tenancy continues as an ordinary assured periodic tenancy, and the landlord can recover possession only by using another ground, if one applies, or when the tenant chooses to leave.
Common ways to lose the ground include:
- signing the tenancy more than 6 months before the move-in date;
- forgetting to give the written notice before signing, or giving it only after the tenancy has been entered into;
- letting to a group where one joint tenant is not, and is not expected to become, a full-time student;
- letting a property that is not an HMO.
Most of these cannot be fixed after the tenancy has started. Build the conditions into your letting process from the first enquiry. Misusing a possession ground is also an offence that can lead to a rent repayment order, so do not rely on Ground 4A unless you genuinely intend to re-let to students.
Is purpose-built student accommodation treated differently?
Yes. Compliant purpose-built student accommodation (PBSA) sits outside the assured tenancy system altogether, so Ground 4A and the other assured tenancy rules do not apply to it in the same way.
A shared house or flat let to students is not PBSA. It is an ordinary private let and, if it meets the HMO definition, it is a student HMO, subject to HMO licensing, the HMO management regulations, planning rules and the Renters' Rights Act. Check whether your council runs an additional licensing scheme that covers the street, and whether an Article 4 direction applies.
What else do student HMO landlords need to know?
- Licensing. A student house with 5 or more occupiers from 2 or more households needs a mandatory licence. Smaller houses may need one under an additional scheme. See HMO licensing explained.
- Discrimination. The ban on refusing tenants because they have children or receive benefits applies to student lets too.
- Rent increases. Rent can go up only once a year, through a section 13 notice.
- Joint or room lets. The property must be an HMO or be in one, and the conditions must be met for each tenancy. In a joint tenancy, every joint tenant must meet the student test.
Our guide to the Renters' Rights Act and HMOs covers the wider changes.
Sources
- Housing Act 1988, Schedule 2: grounds for possession
- Housing Act 1988, section 8: notice of proceedings for possession
- GOV.UK: Guide to the Renters' Rights Act
- GOV.UK: Asking for rent in advance, guidance for local authorities
This guide explains the rules in England as we understood them in October 2026. It is general information, not legal or financial advice. Check with your council and take professional advice for your own situation.