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Ground 4A: student HMO lets

Ground 4A lets student HMO landlords in England regain possession for new students. The conditions, the 1 June to 30 September window, and when to serve.

Updated 25 October 2026Checked against legislation 25 October 2026England only

Key points

  • Ground 4A is a mandatory ground for HMOs let to full-time students, so you can re-let to new students each academic year.
  • You must give at least 4 months' notice, and the date in the notice must fall between 1 June and 30 September.
  • You must have told the tenants in writing, before the tenancy, that you might use this ground. Without that statement the ground is not available.
  • With 4 months' notice, serve by 30 May for a 30 September date, or by 1 February for a 1 June date.
Ground 4A at a glance
Ground
4A
Type
Mandatory (the court must order possession if proved)
Minimum notice
4 months
Usable in the first 12 months
Yes
Evidence to gather
  • HMO status
  • Evidence each tenant met the student test
  • Copy of the written statement given before the tenancy
  • Intention to re-let to students

Ground 4A lets you recover possession of a student HMO in England so you can re-let it to new students. It is a mandatory Section 8 ground with a 4-month notice period, and the date in your notice must fall between 1 June and 30 September. It only works if you told the tenants in writing, before the tenancy began, that you might use it.

What Ground 4A means in plain English

All six conditions must be met:

  1. the property is, or is part of, a house in multiple occupation (HMO);
  2. when the tenancy was entered into, every tenant was a full-time student, or you reasonably believed they would become one;
  3. before the tenancy was entered into, you gave a written statement that you wished to be able to recover possession on this ground;
  4. the tenancy was entered into 6 months or less before the tenants became entitled to move in;
  5. the date in your notice falls between 1 June and 30 September;
  6. you intend to re-let the property to students.

These rules apply to private assured tenancies in England only. Wales (Renting Homes (Wales) Act 2016), Scotland and Northern Ireland have different law.

Who can and can't use it

Private landlords of student HMOs can use Ground 4A. You can't use it for an ordinary family let, for a group that includes a non-student, or without the written statement. GOV.UK says the ground cannot be used at all without that prior notice. See the written statement of terms for how to include it in new tenancies.

Tenancies that began before 1 May 2026 could only use Ground 4A if you gave the statement by 31 May 2026. For those tenancies, condition 4 doesn't apply. For "qualifying student tenancies", where you or your manager follow a specified code of practice, conditions 1 and 5 don't apply either. Our guide for HMO landlords under the Renters' Rights Act covers the wider changes.

Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.

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Ground 4A notice period and the June to September window

You must give at least 4 months' notice, counted from the day you serve. The 2-month transitional period for older tenancies applied only to notices served between 1 May and 30 July 2026, and has ended.

Because the date in Form 3A question 2.1 must land between 1 June and 30 September, your serving dates are fixed by the calendar. For a 2027 date:

Date you want in question 2.1 Serve no later than
1 June 2027 1 February 2027
1 July 2027 1 March 2027
1 August 2027 1 April 2027
1 September 2027 1 May 2027
30 September 2027 30 May 2027

If your date would fall in October, you have missed that year's window, and the next possible date is 1 June the following year. Our Section 8 notice period calculator applies the window for you.

Evidence to gather

  • HMO status: your HMO licence if the property needs one, or a note of the households and shared facilities.
  • Student status for each tenant at the start: university enrolment confirmations or student status letters.
  • The written statement: a copy, and proof of the date you gave it, which must be before the tenancy was entered into.
  • Tenancy dates: the date it was signed and the date the tenants could move in, to show condition 4.
  • Intention to re-let to students: marketing aimed at students, or signed agreements with next year's group.

How to explain Ground 4A in Form 3A question 4.3

In question 4.2, copy the full legal wording of Ground 4A from GOV.UK's legal wording document. In question 4.3, explain the facts in your own words. A short example for a fictional landlord:

Ground 4A. The property is a five-bedroom HMO. All five tenants were full-time students at the University of Example when the tenancy was signed on 15 May 2026 (enrolment letters attached). I gave them a written statement on 15 May 2026, before they signed, that I might recover possession on Ground 4A (copy attached). The tenancy began on 1 September 2026. I have agreed to let the property to a new group of students from 1 September 2027 (agreements attached).

What the court does

Ground 4A is mandatory. If every condition is proved, the court must order possession, subject to the limits in section 7 of the Housing Act 1988 and any human rights defence. The possession date is usually within 14 days, or up to 6 weeks for exceptional hardship. If you took a deposit, the court can only make the order once it is protected and the prescribed information has been given, or the deposit has been returned. See deposit protection.

Pitfalls and penalties

Watch out: a single missing condition sinks the whole ground. Check every tenant's student status and the date of your written statement before you serve.

  • Date outside the window. A date in May or October fails condition 5, even by a day.
  • Licensing. An unlicensed HMO doesn't stop a Section 8 claim, but it exposes you to a civil penalty of up to £40,000 and rent repayment orders of up to 2 years' rent. Check your HMO licence position.
  • Defective notice. Serving a notice that doesn't comply with section 8 can attract a penalty of up to £7,000.
  • No reasonable belief. Relying on the ground without reasonable belief that you could get possession risks a penalty of up to £7,000 if the tenants leave within 4 months.

What to do next

Diary your serving deadline for next summer, collect the evidence above, then prepare Form 3A. Our builder checks the window and inserts the GOV.UK wording. Read evicting student tenants for the full process, or compare options in the full list of Section 8 grounds.

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Section 8 notice (Form 3A)

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Frequently asked questions

What if a student drops out part-way through the year?

The student test is applied when the tenancy is entered into. If every tenant was a full-time student then, or you reasonably believed they would become one, a later change doesn't by itself take the tenancy outside the ground.

Can I serve a Ground 4A notice in the autumn for next summer?

Yes, you can give more than the minimum notice, as long as the date falls between 1 June and 30 September. Remember that court proceedings must start within 12 months of service, so serving very early shortens the time you have to issue a claim.

Can I sign up next year's students before the current group leaves?

Yes. The ban on marketing a property for letting only follows Grounds 1 and 1A. Signed agreements with incoming students are also good evidence that you intend to re-let to students.

My tenancy began before 1 May 2026. Can I still use Ground 4A?

Only if you gave the tenants the Ground 4A written statement by 31 May 2026. For those tenancies the 6-month signing condition doesn't apply. If you or your manager follow a specified code of practice, the HMO and date-window conditions don't apply either.

Sources

This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.