Summary: The Renters’ Rights Act 2025 introduces a new eviction ground (Ground 4A) specifically for student landlords, aimed at addressing issues with tenants overstaying beyond the academic year. However, this ground is unlikely to offer a swift or practical solution due to the lengthy possession process, meaning landlords must continue to rely on tenancy agreements and other eviction grounds.

Student Landlords and the Renters’ Rights Act – Part 3

This article is the third instalment in a series examining how the Renters’ Rights Act 2025 affects landlords of smaller shared student houses. Following Royal Assent, the Act has introduced new rules, including the abolition of fixed-term tenancies and changes to rent regulations, which were discussed in earlier parts. Here, we focus on the new eviction ground introduced specifically for student landlords.

Is There a Real Problem Being Addressed?

While the government has introduced a new eviction ground to tackle the issue of student tenants remaining in properties beyond the academic year, in practice, this problem appears limited. Most students are generally willing to vacate at the end of their course or academic year. Those requiring accommodation for multiple years typically arrange this with their landlord beforehand.

Nonetheless, the Act introduces a new possession ground, Ground 4A, which landlords should understand, even if its practical usefulness is uncertain.

Understanding Ground 4A

Ground 4A will be added to Schedule 2 of the Housing Act 1988 upon the Act’s commencement. It provides landlords with a specific legal basis to regain possession from full-time student tenants under certain conditions.

Conditions for Using Ground 4A

• The property must be an HMO (House in Multiple Occupation) or part of an HMO.
• The tenant must be a full-time student, or the landlord must reasonably believe they will become one during the tenancy.
• If the tenancy is joint, all tenants must meet the full-time student requirement.
• “Full-time student” refers to those enrolled on recognised full-time courses, covering most common course types.
• The landlord must provide a written statement to the tenant(s) before the tenancy is entered into, indicating the intention to use this ground for possession.
• The period between the tenancy agreement being signed and the tenancy start date (when tenants move in) must be six months or less.
• The possession notice’s ‘relevant date’ must fall between 1 June and 30 September in any given year.

For existing tenancies when the Act comes into force, landlords can meet the notice requirement by serving a written statement within 28 days of the tenancy becoming an assured tenancy.

Other Grounds for Possession

Aside from Ground 4A, student landlords may consider using the serious rent arrears ground (Ground 8). However, this ground only becomes mandatory after tenants are three months in arrears, with a four-week notice period, which may be late in the academic year.

Discretionary grounds such as Grounds 10 and 11 remain available, as do grounds related to tenant misconduct. However, these processes are often lengthy and may not provide timely relief for landlords needing to regain possession quickly.

The Practical Challenge: Lengthy Eviction Process

The primary obstacle for landlords seeking to evict student tenants is the time involved. Eviction proceedings can take six months to a year, meaning that by the time possession is granted, the new academic year will have started and incoming tenants may have found alternative accommodation.

Ground 4A does not offer a fast-track eviction process; courts will follow standard possession procedures. Consequently, its practical benefit is limited unless the government introduces expedited court processes in the future.

Landlords are advised to protect their interests by including tenancy clauses that require tenants to vacate at the end of the academic year. This was discussed in Part 1 of this series.

It is also important to note that many student lets are not HMOs, so landlords of such properties will not be able to use Ground 4A.

Should Landlords Serve a Ground 4A Notice?

Despite reservations about its effectiveness, landlords may wish to serve the required written notice to preserve the option of using Ground 4A. This adds another potential route to possession, should it become necessary.

However, the Act is not yet in force (as of October 2025), so notices cannot be served until commencement. For existing tenancies, there will be a limited window to serve the notice after the Act takes effect.

Conclusion

The government’s introduction of Ground 4A aims to address student landlord concerns about tenants overstaying, but in reality, this is a rare issue. The lengthy possession process means Ground 4A is unlikely to provide a timely solution.

Without a faster eviction procedure, landlords will continue to face challenges in regaining possession promptly. The most significant issue remains tenants’ new right to end tenancies early, as discussed in Part 1.

Future articles will explore the options available to student landlords under the new regime. For general information on the Renters’ Rights Act, landlords can refer to the Landlord Law FAQ.