Form 3A and Possession Ground 4A - A guide for landlords

How to use Form 3A to seek possession of your property under the possession Ground 4A

This is not legal advice but guidance on how to serve a Ground 4A, using the Form 3A.  If in doubt you should always seek your own legal advice. 

Remember: to serve a Ground 4A notice you will have needed to have served a warning notice on existing tenancies between 1st and 31st May 2026 or on new tenancies entered in to after 1st May 2026, served the warning notice prior to entering in to the tenancy agreement.


What is a Ground 4A?

Ground 4A is a legal process that allows some landlords of student properties to ask tenants to leave so that the property can be rented to full-time students again.

It mainly applies to assured tenancies in Houses in Multiple Occupation (HMOs), such as many shared student houses.

A Ground 4A notice does not automatically end their tenancy. You must follow the correct legal process. If your students do not leave by the date on the notice, you would need to apply to court to regain possession.

 

How do I serve a Ground 4A possession notice

A Ground 4A notice is given using a document called Form 3A, which is a type of Section 8 notice.

Click here to see Unipol's example Form 3A, where Ground 4A is being served.  It explains the important sections and how to complete the form. 

Form 3A can be used for several different grounds for possession, so don't worry if some sections don't seem relevant to you.

Click here to see Unipol's Guidance for students on what a Form 3A looks like and what every section means.  Please feel free to send to your tenants.

 

Serving a valid Ground 4A

There are several requirements that need to be met for a landlord to use Ground 4A. These include:

  • The property: The accommodation must be an HMO, or be within an HMO. For example, this could be a shared student house. Ground 4A generally cannot be used for a one or two-bedroom property that is not an HMO or within one.
  • Student status: You must reasonably believe that all the tenants are, or will become, full-time students.
  • Written statement: You must have provided the required written statement explaining their intention to use Ground 4A. For new tenants, this must be given before entering into the tenancy and no more than six months before the student is entitled to collect the keys. Different transitional rules apply, as  tenants who were already in occupation when the law was introduced, should have received the written statement by 31st May 2026. 
  • Re-letting: You must intend to rent the property to full-time students again.
  • Correct notice: You must issue a Section 8 notice (using Form 3A) stating that you are relying on Ground 4A.
  • Notice period: Normally, you must give at least four months' notice. Different rules apply to some tenancies during the transitional period.
  • Date you are asked to leave: Normally, this must be between 1 June and 30 September. Different rules apply to some purpose-built student accommodation

 

How do I evidence that I have served the notice of possession correctly?

Firstly, check the tenancy agreement. If the agreement sets out how notices must be served, you should follow the method stated in the agreement.

 

If you have not included this within your tenancy agreement, then you must follow the government guidance on how to serve the notice. This includes:

  • Giving it to the tenant directly.
  • Deliver it to the property. If the tenant is not available, you can post this through the letterbox.
  • Send the notice using registered post to the property.

 

Important reminder: You should only serve the notice by email if the tenancy agreement states that email is an agreed method for serving notices.

You should also keep a record of how and when the notice was served. This could include:

  • Completing a Certificate of Service (Form N215).
  • Writing “served by [your name] on [date]” on your copy of the notice.

It is also important to be aware that there are rules about when a notice is treated as having been served. You can find more information about these rules here.