What Ground 4A requires — the four conditions
Ground 4A applies where all four conditions are satisfied: (1) the dwelling-house is let to one or more persons pursuing full-time study at an educational institution; (2) the tenancy was granted for the purpose of enabling the tenant(s) to occupy while studying; (3) the landlord served a written Ground 4A notice on the tenant BEFORE the tenancy commenced; (4) the academic year is ending. Ground 4A is mandatory — if proved, the court must make a possession order without discretion. The pre-tenancy notice is the most critical condition and the most frequent failure point.
- Condition 1: full-time student(s) — part-time students do not qualify
- Condition 2: tenancy granted for purpose of study — not a standard letting that tenant happens to be a student
- Condition 3: pre-tenancy written notice served BEFORE tenancy commences — this is mandatory and cannot be retrospectively satisfied
- Condition 4: academic year ending — 4 months' minimum Section 8 notice (post-RRA 2025 Form 3)
- Mandatory ground — court must order possession if all 4 conditions proved; no reasonableness discretion
The pre-tenancy Ground 4A notice — requirements
The pre-tenancy written notice must be served on the tenant before the tenancy commences. Best practice: include it in the tenancy onboarding pack alongside the tenancy agreement; obtain a signed acknowledgement from each tenant (for HMOs, each tenant individually). A fresh pre-tenancy notice is required for every new tenancy — a notice served for Year 1 does not carry forward to Year 2 with new tenants. The notice must clearly state that possession may be sought under Ground 4A. Electronic service is permissible where the tenancy agreement includes a valid electronic service clause.
Serving the 4-months' possession notice and court proceedings
Once the pre-tenancy notice has been served, the landlord serves the Section 8 possession notice (post-RRA 2025 Form 3) specifying Ground 4A with at least 4 months' minimum notice. Most student landlords serve in January/February for June/July possession. If the tenant does not vacate, issue County Court possession proceedings — the Accelerated Possession Procedure (APR) is discontinued post-RRA 2025, so a hearing will be required. Ground 4A court proceedings are mandatory — the court must order possession if all conditions are proved.
- 4 months' minimum notice from deemed service date of Section 8 Form 3 specifying Ground 4A
- Serve January/February for June/July possession — allow for court timeline of 6-12 weeks if contested
- Accelerated Possession Procedure discontinued post-RRA 2025 — hearing required
- Attach a copy of the pre-tenancy Ground 4A notice to the Section 8 possession notice
- Ground 4A does not require deposit protection/EPC/Gas Safety as gateway conditions (unlike old Section 21)