Student HMO Possession in a Post‑Section 21 World: Preparing for Ground 4A

The Renters’ Rights Act 2025 replaces fixed‑term assured shorthold tenancies with assured periodic tenancies and abolishes section 21 “no‑fault” evictions from 1 May 2026. This marks the end of fixed-term tenancies tied to the traditional twelve month academic cycle, making the new Ground 4A essential for student house in multiple occupation (HMO) summer turnover. This article sets out some of the steps required to be ready for Ground 4A as implementation approaches.

Landlords should also be aware that once tenancies convert to assured periodic, tenants will be entitled to leave at any time on two months’ notice. This introduces a real possibility of mid‑year departures, so landlords should also plan for potential gaps in occupancy or group break‑ups.

Prescribed information and safety documents

Review your paperwork to ensure every tenant has been given the necessary documentation. In the 2025/26 academic year this includes the current How to Rent guide, any deposit protection prescribed information (within 30 days of receipt, if applicable), energy performance certificate (EPC), gas safety record, and electrical installation condition report (EICR). Maintaining a clean documentary trail is a prerequisite for exercising possession grounds effectively under the reformed Section 8, just as under the Section 21 regime.

Prepare for the move to monthly rent

From May 2026, the sector will move to monthly rent payments. Taking more than one month's rent in advance will be prohibited, making termly instalments a thing of the past. Early preparation for the changeover would be beneficial.

Check the student status of your tenants

Ground 4A only works if all occupants are full‑time students occupying an HMO. If even one occupant is a non‑student, Ground 4A cannot be used, so audit your tenants and keep a record of their student status (e.g. enrolment letters or other student identification).

Notify current tenants of your intention to re‑let to a new student cohort

Issue a written statement to the existing occupiers recording that they meet the necessary student test and identifying that you intend to relet the property to student tenants at the end of the academic year. While tenants may end a periodic tenancy with only two months’ notice, landlords can only recover possession on statutory grounds, and notifying tenants of your intention is key for the exercise of Ground 4A.

Plan for Ground 4A

Ground 4A allows landlords of student HMOs to regain possession to facilitate student lettings in the next academic year but strict conditions need to be met.

• All occupants must be full‑time students.
• A pre‑tenancy notice of the landlord’s intention to rely on Ground 4A must be given before the tenancy begins.
• The tenancy must not be entered into more than six months before the tenants were entitled to occupy the property.
• A four month notice period must be provided, and the date for possession must fall between 1 June and 30 September.

There is a one-off opportunity to use Ground 4A for pre-May 2026 tenancies, taking advantage of the transitional relaxation of the usual pre‑tenancy notice and the six month advance‑signing rules. This applies only where the landlord gives the required Ground 4A notice to existing tenants within one month of the Act coming into force. Missing this window may remove the ability to secure possession for September 2026.

As an alternative to relying on Ground 4A, during the transition it remains possible to end existing fixed‑term tenancies by serving a Section 21 notice before 1 May 2026. Although no new Section 21 notices may be served after that date, any valid notice served beforehand will continue to be effective and may still be enforced, provided court proceedings are issued by 31 July 2026. In practice, this option is only available where the fixed term expires before 31 July 2026, as any possession claim based on a pre‑May Section 21 notice must be issued by that date.

Update your tenancy documents

The government-published 'Information Sheet' must be given to all tenants named on a tenancy agreement and their guarantors on or before 31 May 2026.

Adjust your template tenancy agreement to reflect the new assured periodic tenancy structure. This will need to include the required 'Written Statement of Terms', and it would be sensible to record the Ground 4A notice as a schedule or annexure.

Prepare your pets policy

Blanket pet bans will no longer be workable. A clear policy will be required, setting out objective criteria and options for appeal. Landlords may also take into account factors such as property suitability, potential damage, and shared-house dynamics when assessing requests.

Act now and be prepared for the summer 2026 window

The 2026 transition compresses timelines. For student HMOs, success hinges on issuing the pre‑tenancy Ground 4A notice, verifying all occupants as full‑time students, and giving the four month notice timed so possession falls between 1 June and 30 September. Miss the window and you risk running into difficulties reletting for the following academic year.