The end of Section 21 has changed how landlords plan for the end of a student tenancy.

Since the Renters’ Rights reforms took effect in England, landlords can no longer rely on a “no-fault” Section 21 notice to recover possession. Instead, possession must be based on a statutory ground under Section 8, supported by correct notice and evidence.

For landlords of student HMOs, Ground 4A may provide a route to recover possession between academic years. However, it is not automatic. The property, tenants, notice and documentation must all satisfy the statutory requirements. Crucially, deposit protection is now a central part of the possession process: a court will not make a possession order where the tenancy deposit has not been properly protected in an approved scheme, subject to the statutory exceptions and any available remedy.

This guide explains how Ground 4A works in 2026, why deposit compliance matters, and the practical steps student landlords should take before serving notice.

Important: This article concerns private rented property in England. The Renters’ Rights regime and Ground 4A do not apply identically in Wales. Landlords should obtain advice on the specific tenancy, property and notice before taking action.

Section 21 is gone: what does that mean for student landlords?

Section 21 previously allowed many landlords to seek possession without proving a tenant’s breach. That route has now been abolished for new possession claims under the new regime.

Our guide on the final Section 21 deadline and what landlords needed to do explains the transitional position. For most current student-tenancy decisions, however, landlords must use a Section 8 ground.

That is part of what “life after Section 21” means in practice:

• possession must be linked to a specific statutory ground;
• notice must be prepared and served correctly;
• the landlord must be able to prove the relevant facts;
• tenancy, safety and deposit compliance may be examined by the court; and
• a procedural mistake can delay possession and increase lost rental income.

Our existing guide to the new eviction rules and life after Section 21 provides further background.

What is Ground 4A?

Ground 4A is a mandatory possession ground designed for certain student HMOs. It allows a landlord to recover possession where the property is needed for a new group of students in line with the academic year.

A mandatory ground means that, if the landlord proves all the statutory requirements, the court must make a possession order. It does not mean that the landlord can bypass the legal process or ignore other compliance obligations.

Ground 4A generally requires the following:

1. The property must be an HMO, or part of an HMO

The property must meet the relevant HMO requirements. Broadly, an HMO involves at least three tenants forming more than one household who share facilities such as a kitchen or bathroom.

A landlord should not assume that every property marketed to students qualifies. The actual occupation arrangements, number of tenants, household structure and shared facilities must be considered.

Licensing requirements are also separate. If the HMO requires a mandatory, additional or selective licence, the landlord should ensure that the correct licence is in place or that a valid application has been made.

2. The tenants must satisfy the student test

Ground 4A is intended for full-time student accommodation. Evidence may include enrolment documentation, university confirmation, student status information or other relevant records.

If one or more occupiers do not satisfy the statutory student requirements, the landlord may not be able to rely on Ground 4A for the whole tenancy. The tenancy agreement and the circumstances at the start of the tenancy should therefore be reviewed carefully.

3. The landlord must intend to re-let to students

The landlord must genuinely intend to let the property to a new group of students after possession is obtained.

This is not simply a matter of adding a reference to “students” in a notice. A landlord should retain evidence of the intended re-letting strategy, such as:

• marketing plans;
• communications with agents;
• correspondence with prospective student tenants;
• evidence of previous student use; and
• a schedule showing the expected turnover between academic years.

4. The tenancy must not have been agreed too early

For the standard student HMO version of Ground 4A, the tenancy must not have been agreed more than six months before the tenant was due to move in.

This requirement is designed to prevent landlords from arranging a tenancy excessively early and then attempting to use Ground 4A without having complied with the timing rules.

5. Advance written notice must have been given

The landlord must give the tenant written notice before the tenancy is entered into stating that Ground 4A may be used and that the landlord intends to re-let the property to students.

This should be treated as a separate compliance document, not as an assumption that the tenant will understand from the tenancy agreement. The landlord should retain:

• the exact wording supplied;
• the date it was supplied;
• the method of delivery; and
• evidence that it was received before the tenancy was entered into.

For some existing tenancies, transitional arrangements required the written statement to be given by 31 May 2026. That deadline has now passed. A landlord with an existing tenancy should obtain advice before assuming that Ground 4A remains available.

When can possession be sought under Ground 4A?

For a standard student HMO, the possession date must fall between 1 June and 30 September. This reflects the usual academic-year changeover.

The normal notice period is at least four months. The landlord must serve the prescribed Section 8 notice relying on Ground 4A and select a possession date within the permitted window.

The timing must be calculated precisely. A notice served too late may not expire in the required period. A notice with the wrong expiry date, incorrect statutory wording or insufficient notice may be challenged and may require the process to start again.

There was a limited 2026 transitional arrangement for certain pre-existing tenancies, allowing a shorter notice period where the relevant conditions were met and notice was served within the specified period. Landlords should not rely on that shorter period now without taking specific advice, particularly as the transitional service window has closed.

Why deposit protection is critical after Section 21

Under the new possession framework, deposit protection is no longer something a landlord can treat as a purely administrative matter.

Where a tenancy deposit has been taken, the landlord should:

1. protect it in a government-approved tenancy deposit scheme;
2. do so within the statutory 30-day period;
3. provide the tenant with the required prescribed information; and
4. retain the scheme certificate, prescribed information and evidence of service.

The government’s guidance on grounds for possession states that a court will not be able to make a possession order where the deposit has not been protected in an approved tenancy deposit scheme.

For a landlord seeking possession under Ground 4A, this creates a practical compliance gatekeeper. Before serving notice, the landlord should confirm that:

• the deposit is held in an authorised scheme;
• the scheme information relates to the correct property and tenancy;
• all relevant tenants received the prescribed information;
• the service date can be evidenced; and
• any historic error has been reviewed and remedied where possible.

Late compliance may not erase the consequences of the original breach. A tenant may still have a claim relating to failure to protect the deposit or provide the prescribed information. It may also be necessary to return the deposit or resolve a deposit dispute before possession proceedings can safely proceed.

In short, deposit protection should be checked before the Ground 4A notice is prepared, not after a possession claim has already been issued.

Deposit protection checklist for student landlords

A student landlord should carry out the following review for every tenancy:

Check the deposit amount

Confirm the amount taken and whether it complied with the applicable deposit cap. This is particularly important where rent was paid in advance or where additional sums were described as a “security deposit”.

Check the scheme

Identify whether the deposit was protected using one of the authorised schemes. Keep the certificate or confirmation email with the tenancy file.

Check prescribed information

The prescribed information must be complete and served on the required recipients. Sending only a scheme leaflet or a tenancy agreement may not be sufficient.

Check delivery evidence

Retain emails, signed acknowledgements, postal certificates or other evidence showing when and how the documents were served.

Check joint tenants and occupiers

Where there are several tenants, the landlord should ensure that the relevant information was provided to all required parties. Errors can arise where a document was sent only to one tenant or to an outdated address.

Check the end-of-tenancy process

Use the scheme’s agreed process when proposing deductions. Keep check-in and check-out reports, photographs, invoices and correspondence supporting any proposed deduction.

What are the financial risks of non-compliance?

The financial consequences can extend well beyond delayed possession.

Under the Renters’ Rights enforcement framework, local authorities may impose civil penalties of up to:

• £7,000 for an initial or less serious breach; and
• £40,000 for serious, persistent or repeat non-compliance.

The exact penalty depends on the nature of the breach, its seriousness, the landlord’s conduct and whether there has been previous non-compliance.

There may also be a separate tenant claim for a penalty of between one and three times the deposit under the tenancy deposit legislation. That potential court award is distinct from a local authority civil penalty.

A landlord who serves notice or pursues possession while knowingly ignoring a statutory barrier may face additional enforcement risk. The cost can include:

• legal costs;
• court fees;
• compensation;
• local authority penalties;
• delayed re-letting;
• lost summer rental income; and
• damage to relationships with agents, universities or future tenants.

A practical Ground 4A preparation plan

Before serving a notice, student landlords should:

1. Identify the correct possession ground. Confirm that Ground 4A, rather than another Section 8 ground, reflects the landlord’s reason for seeking possession.
2. Confirm HMO status. Review the occupation arrangements, facilities and licensing position.
3. Verify student status. Keep evidence for each relevant tenant.
4. Review the pre-tenancy Ground 4A statement. Confirm that it was given at the correct time and in a sufficiently clear form.
5. Audit deposit compliance. Check protection, prescribed information and service evidence.
6. Review property compliance. Check gas safety, electrical safety, EPC, licensing, repairs and relevant housing standards.
7. Calculate the notice date. Ensure the notice gives at least four months and expires between 1 June and 30 September.
8. Use the correct notice form and wording.
9. Plan service carefully. Keep evidence of when and how the notice was served.
10. Prepare for court. Organise the tenancy agreement, Ground 4A statement, deposit records, student evidence, HMO documents and re-letting evidence.

How landlord and tenant solicitors can help

Ground 4A offers an important possession route for qualifying student HMOs, but it is highly technical. The fact that the ground is mandatory does not protect a landlord from an invalid notice, missing evidence or deposit-related problem.

Specialist landlord and tenant solicitors can review the tenancy file, assess whether Ground 4A is available, audit deposit compliance, prepare the Section 8 notice and represent the landlord if court proceedings become necessary.

If you own or manage student accommodation and need advice on Ground 4A, deposit protection or possession after Section 21, contact Tyndel Solicitors’ Landlord and Tenant team.

This article provides general information and is not a substitute for advice on your particular tenancy or possession claim. The law and official guidance may change, so landlords should obtain current legal advice before serving notice.