Form 3A and Possession Ground 4A - A guide for students
How your landlord will use a Form 3A to seek possession of your property under the possession Ground 4A
What is a Ground 4A?
Ground 4A is a legal process that allows certain 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 your tenancy. Your landlord must follow the correct legal process. If you do not leave by the date on the notice, they would need to apply to court to regain possession.
If you have a licence agreement or common law tenancy rather than an assured tenancy, Ground 4A does not apply to your agreement.
What does a Ground 4A look like/ How do I know if I’ve been served a Ground 4A?
A Ground 4A notice is given using a document called Form 3A, which is a type of Section 8 notice.
Take a look at our example Ground 4A notice, which explains the important sections and what you should look out for.
Form 3A can be used for several different grounds for possession, so don't worry if some sections don't seem relevant to you.
If you're unsure whether you've received a Ground 4A notice, or whether it has been completed correctly, you can contact the Unipol Housing Hub for free, impartial advice.
Click here to see what a Form 3A looks like and what every section means
Why have I been served a Ground 4A?
Don't panic. Being served a Ground 4A does not mean you have done anything wrong or broken the terms of your tenancy.
Your landlord may have served it because they want the property to be available for students again next academic year.
If you would like to stay for another year, speak to your landlord or agent as soon as possible. They may be happy for you to stay, particularly if they haven't already arranged for new tenants to move in.
How do I know if it is a valid Ground 4A?
There are several requirements that need to be met for a landlord to use Ground 4A. These include:
- The property: Your 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: Your landlord must reasonably believe that all the tenants are, or will become, full-time students.
- Written statement: Your landlord 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 you are entitled to collect the keys. Different transitional rules apply to tenants who were already in occupation.
- Re-letting: Your landlord must intend to rent the property to full-time students again.
- Correct notice: You must be given a Section 8 notice in the correct form stating that your landlord is relying on Ground 4A.
- Notice period: Normally, your landlord must give you at least four months' notice. Different rules apply 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.
There are some exceptions and transitional rules, so if you are unsure whether your notice is valid, don't ignore it. Contact the Unipol Housing Hub at info@unipol.org.uk for free, impartial advice before you decide what to do