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Student Lets Under the Renters' Rights Act: Ground 4A and the Prior-Notice Trap

The six conditions of Ground 4A, 4 months' notice inside the 1 June–30 September window, why missing prior notice loses the ground entirely, and which student lets sit outside the Act.

Verified Aug 2026Primary sourcesTax year 2026/27

The short answer

Ground 4A lets a landlord of a student HMO recover possession between 1 June and 30 September each year with 4 months’ notice — but only if written prior notice was given before the tenancy began. For tenancies already running on 1 May 2026, that prior notice had to be given by 31 May 2026; without it, the ground cannot be used at all.

The six conditions of Ground 4A

ConditionRequirement (Schedule 2 Housing Act 1988, Ground 4A)
(a) PropertyThe dwelling is, or is in, an HMO
(b) TenantIs, or will become, a full-time student
(c) Prior noticeLandlord gave the tenant written notice before the tenancy was entered into that this ground may be used
(d) Original termThe original tenancy was for 6 months or less
(e) TimingThe date specified in the possession notice falls between 1 June and 30 September
(f) IntentionLandlord intends to re-let to students

Notice period: 4 months — the government’s Information Sheet puts it as “must give you 4 months’ notice ending between 1 June and 30 September”. The ground is mandatory: if the conditions are met the court must order possession.

The prior-notice trap

For most prior-notice grounds, failing to give the notice risks a fine but leaves the ground available. Ground 4A is the exception. The government’s written-information guidance is blunt: “For ground 4A (student tenancies) you will not be able to use the ground at all.” Existing tenancies that became periodic on 1 May 2026 had until 31 May 2026 to receive that written notice — and the Information Sheet “does not count as that written notice”. A transitional easement allowed a possession notice between 1 May and 30 July 2026 with at least 2 months’ notice for the 2025/26 academic year; that window has closed.

Who is outside the regime altogether

Lettings by a specified educational institution, or by a provider operating under a specified housing-management code of practice (the purpose-built and nominated student accommodation codes), are excluded from assured-tenancy status entirely by Schedule 1 paragraph 8 of the Housing Act 1988 as amended by s.32 of the Act. Those tenancies never become assured periodic tenancies, so Ground 4A — which exists for ordinary assured tenancies of student HMOs let directly by private landlords — is not their route.

Practical calendar for a private student HMO

  • Before signing: written statement of terms (what must be in it) and the Ground 4A prior notice, kept with proof of date.
  • Rent: the 28-day limit on rent in advance applies; a term-in-advance model no longer works for new tenancies.
  • Licensing: a student HMO is an HMO for licensing purposes — check who needs an HMO licence and your council’s fee.
  • Possession: serve the Ground 4A notice so that the specified date lands in the 1 June–30 September window, at least 4 months ahead.

Sources, read 5 September 2026: Renters’ Rights Act 2025 Schedule 1 (Ground 4A) and s.32 (student accommodation exclusion) · Written information guidance (MHCLG PDF) · Information Sheet 2026 · Grounds for possession: guidance for tenants. England only; Scotland and Wales have separate tenancy law. General information, not legal advice — for a live dispute, speak to a solicitor, Shelter or your council’s housing team.

FAQs

Quick answers

A mandatory possession ground for HMOs let to full-time students: with written prior notice given before the tenancy, the landlord can seek possession for a date between 1 June and 30 September with 4 months' notice.

No — the government's guidance states the ground cannot be used at all without prior notice. For tenancies running on 1 May 2026 the notice was due by 31 May 2026.

Tenancies granted by specified educational institutions or code-compliant providers are excluded from the assured-tenancy regime entirely, so Ground 4A is not their route.

4 months under Ground 4A, with the specified date between 1 June and 30 September.

Sources

The primary documents this page is built from. Links checked 5 September 2026.