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Student landlords face choice over early tenancy agreements and Ground 4A

Student landlords are facing a new decision regarding early tenancy agreements due to the Renters' Rights Act. They must now weigh the benefits of securing tenants early against the ability to use Ground 4A for possession.

  • The Renters' Rights Act introduces a new condition for student HMO landlords using Ground 4A to recover possession.
  • To use Ground 4A, a tenancy must be entered into no more than six months before students are entitled to move in.
  • Landlords can still market properties early but must decide whether to sign tenants more than six months in advance, potentially foregoing Ground 4A.

Student landlords are now presented with a new decision under the Renters' Rights Act regarding when to sign tenancy agreements for the following academic year. Historically, landlords have competed to secure tenants early, with properties for September often advertised before Christmas in some university towns.

The Act stipulates that for a student HMO landlord to use Ground 4A to recover possession for the next student year, the tenancy must be entered into no more than six months before the students are entitled to move in. This creates a choice for landlords who find prospective tenants more than six months in advance.

Landlords can continue to market their properties and conduct viewings as early as they wish. However, if they sign a tenancy agreement more than six months before the move-in date, they will normally give up the ability to use Ground 4A at the end of that tenancy. Alternatively, they can wait until the tenancy falls within the six-month window before signing, preserving the possibility of using Ground 4A, provided other requirements are met.

This decision involves commercial risks. Signing early could offer an advantage in a competitive market by securing tenants, but waiting to preserve Ground 4A might lead to prospective tenants choosing other properties. Peter Littlewood of B-Informed, who provides training on the Renters' Rights Act, notes that landlords need to make this choice deliberately and understand what they may be giving up by signing early from 2027.

Why this matters: The Renters' Rights Act introduces a new condition that impacts how student landlords manage their properties and secure tenants for future academic years.

What this means for you: If you are a student landlord, you need to understand the implications of the Renters' Rights Act on early tenancy agreements and Ground 4A from 2027.

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