New government guidance has been welcomed as a practical intervention aimed at preventing disruption in the student housing market.

The Renters’ Rights Act introduces a new ground for possession (ground 4A) designed to help landlords renting to students ensure their properties are available for new students from one academic year to the next. Under the ground, landlords would normally need to provide four months’ notice before the ground could be enforced in the courts if needed. With the Act commencing in May, there was a risk that large numbers of student properties might not be vacated in time for students arriving in September this year.

The updated guidance introduces a short, time-limited adjustment for certain existing student tenancies, and it sets out clear steps that landlords must follow to use the student possession ground correctly.

Transitional two month notice period for existing student HMOs

For student landlords with HMOs who signed the tenancy before 01 May 2026, the guidance confirms a special transitional arrangement. Landlords will be allowed to serve a two month Section 8 notice using ground 4A (the student possession ground) between 01 May 2026 and 31 July 2026. This shorter notice period is time limited, and the standard notice period remains four months if the notice is served after 31 July 2026.

In practical terms, the guidance confirms the following for student tenancies for HMOs agreed before 01 May 2026:

• Landlords will have until 31 May 2026 to formally notify students that they may wish to use ground 4A for possession to ensure properties are available for new incoming students.
• As well as informing your student tenants in writing that you may want to use ground 4A before you serve the notice, you will need to send a government-published document informing them of the changes coming in under the Renters’ Rights or face potential fines. This document will be published by the Government next month and must be sent to your tenants by 31st May 2026.
• The formal notice to repossess a property using the transitional two-month ground 4A can be issued to student tenants any time between 01 May 2026 and 31 July 2026. After 31 July 2026, if you use ground 4A, you will need to give four months’ notice.

NOTE: If your property is not a HMO, then you will not have access to Ground 4A. You should probably not finalise any tenancy agreement for the next academic year until you are certain that your current tenants are leaving the property.

Ben Beadle, NRLA chief executive said: “It is positive that the Government has taken on board our pragmatic concerns about the workability of a key aspect of the Act.

“There was a very real prospect that tens of thousands of students could have been denied access to the housing they need from September as landlords would have been unable to regain possession of properties in time.

“The guidance issued today provides welcome clarity that will avoid such chaos.”