Student landlords can regain possession of properties before September - Government

Steve Lumley·27 February 2026·4 min read

Student landlords can regain possession of properties before September - Government

Student landlords will be able to recover possession of properties in time for September under new government guidance issued ahead of the Renters' Rights Act taking effect. 

The move clarifies how the student possession ground will function in its first operational year, after fears that statutory notice periods would run beyond the academic lettings window. 

The Act creates a specific ground enabling landlords to take back student HMOs at the end of the academic cycle. 

The intention is to enable reletting to new cohorts arriving for the autumn term. 

Student chaos avoided 

The chief executive of the National Residential Landlords Association, Ben Beadle, 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." 

He added: "The guidance provides welcome clarity that will avoid such chaos." 

Transitional possession arrangements 

Ordinarily, landlords must give four months' notice before enforcement through the courts. 

However, with the Act coming into force from 1 May, student property possession timelines risk extending into late summer. 

Now, transitional arrangements will apply to student tenancies that were signed before 1 May 2026. 

That will see landlords having until 31 May 2026 to issue a written notice confirming the ground may be used. 

The procedural step preserves later possession rights. 

Possession rules after 1 May 

Notices seeking possession can then be served between 1 May and 31 July 2026. 

In a one-year adjustment, the minimum notice period reduces to two months rather than four. 

The measures apply to HMOs intended for reletting to full-time students. 

Wider renting guidance published alongside the Act sets out tenancy changes from commencement. 

That will see existing assured shorthold and assured tenancies convert to assured periodic tenancies. 

Also, Section 21 will be abolished, and possession claims will use section 8, relying on statutory grounds. 

Using Ground 4A 

The possession Ground 4A applies where tenants were full-time students at signing, the property is an HMO, and the landlord intends to relet to students. 

The full criteria also include: 

  • Tenant, or all tenants in a joint tenancy, must be full-time students (or expected to become so) 
  • The landlord must have given written notice before the tenancy began 
  • Under standard rules, the tenancy must have been signed less than six months before move-in - this restriction is lifted for pre-1 May 2026 tenancies under transitional rules 

Where tenants remain beyond the notice expiry, landlords must seek a court possession order. More details about the grounds for possession available to student landlords are on the government's website. 

Good for student landlords 

Simon Thompson, the managing director of Accommodation for Students, said: "The latest guidance is good news for student landlords who are worried about gaining possession in time for September. 

"The government has confirmed transitional rules for Ground 4A that compress the usual four-month notice period to two months for this year only. 

"That means landlords with student HMOs signed before 1 May 2026 can still secure vacant possession in time for their September arrivals." 

He added: "To use the ground, landlords must first serve written notification by 31 May 2026 confirming they may rely on it. 

"They can then issue a formal possession notice at any point between 1 May and 31 July 2026." 

author
Steve Lumley

Steve Lumley has years of experience writing about property investment and landlord issues in the UK for a range of publications and news sites. A former national newspaper journalist, he brings lots of experience to Accommodation for Students.