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Student HMO landlords face new Ground 4A possession rules

Landlords of student Houses in Multiple Occupation (HMOs) must adhere to specific conditions for Ground 4A to recover properties next summer, with key concessions having expired.

  • Ground 4A is a mandatory possession ground for student HMOs, introduced after Section 21 ended.
  • Two concessions for Ground 4A, including a shorter notice period and a catch-up window for existing tenancies, expired on 30 July 2026 and 31 May 2026 respectively.
  • Landlords must provide a written statement of their intention to recover possession before signing, and all tenants must meet the student test at the time of signing.

Landlords letting student Houses in Multiple Occupation (HMOs) must now strictly follow the conditions of Ground 4A to regain possession of their properties next summer. The paperwork completed this August for new tenancies will determine whether landlords can recover the property, with no opportunity for later correction.

Ground 4A, which is a mandatory possession ground, was established to maintain the student turnover cycle following the end of Section 21. However, its application is narrower than initially perceived, as two key concessions have now expired. The shorter notice period ended on 30 July 2026, and the catch-up window for existing tenancies closed on 31 May 2026.

For Ground 4A to apply, several conditions must be met. The property must be an HMO, and every tenant must meet the student test when the tenancy is signed. Landlords must provide a written statement of their intention to recover possession on this basis before the tenancy agreement is signed. Additionally, no more than six months can pass between the signing of the tenancy and the tenants being entitled to move in. The notice date must fall between 1 June and 30 September, and the landlord must intend to re-let to students.

A significant challenge for landlords is the six-month signing rule, as student groups often sign agreements in autumn for a September start, which typically exceeds this timeframe. Landlords are advised to adjust signing dates to align with the rule, for example, signing no earlier than March for a September start.

Why this matters: The strict conditions and expired concessions for Ground 4A mean landlords of student HMOs must meticulously manage their tenancy agreements and documentation to ensure they can regain possession of properties for future student cycles.

What this means for you: If you are a landlord of a student HMO, you must ensure all Ground 4A conditions, including providing a written statement before signing and verifying student status at signing, are met this August for tenancies starting next year. You also need to be aware of the six-month signing rule, which may require adjusting when you sign tenancy agreements.

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