Government U-turn on student possession ground with four month notice rule

In a victory for student landlords, the government has confirmed changes to the student possession ground under the Renters’ Rights Act.

The government has introduced a new ground for possession to ensure properties rented to students are available for new tenants from one academic year to the next.

Under the new ground, landlords must provide tenants with four months’ notice before applying to the court for a possession order.

Students denied access to housing

Under the new rules, for student tenancies in houses in multiple occupation agreed before 1 May, student landlords will have until 31 May to formally notify students that they may use the ground for possession to make properties available for new incoming students.

The formal notice to repossess a property using the ground may be issued to student tenants at any time between 1 May and 31 July, although landlords should be aware that, for one year only, the minimum notice period is two months rather than four.

The National Residential Landlords Association (NRLA) has welcomed the government U-turn, after warning that with the Renters’ Rights Act coming into force in May, there was a very real risk that thousands of student properties would not be vacant in time for new arrivals in September this year.

Ben Beadle, chief executive of the National Residential Landlords Association, said: “It is positive that the government has taken on board our pragmatic concerns about the workability of a key aspect of the Act.

“There was a very real prospect that tens of thousands of students could have been denied access to the housing they need from September, as landlords would have been unable to regain possession of properties in time.

“The guidance issued provides welcome clarity that will avoid such chaos.”

Ground 4A for eviction

According to government guidance, student landlords will be able to evict students using Ground 4A at the end of the academic year if all of the following apply:

• The tenant, or all tenants in the case of a joint tenancy, were full-time students when they signed the tenancy, or you expect them to become full-time students during the tenancy
• The landlord intends to let the property to full-time students the next time it is let
• The tenancy was signed less than six months before the date the tenants could move in
• The property is a house in multiple occupation (HMO) or part of an HMO
• The landlord gave tenants written notice that they may evict them under Ground 4A before they signed the tenancy
• Landlord gave tenants four months’ notice of your intention to evict them, with the notice period ending between 1 June and 30 September

Landlords have until 31 May 2026 to provide tenants with the written notice that they may be evicted using Ground 4A.

They may then serve a notice of possession between 1 May 2026 and 31 July 2026, giving tenants two months’ notice instead of four. After this period, the notice requirement will revert to four months.