Section 21 eviction from student let

Question
Can my landlord still use a section 21 notice to evict me from a student house?

Short answer

In almost all cases, no. Section 21 “no fault” notices have now been abolished in England under the Renters’ Rights Act 2025. For most private tenancies, including a typical student house rented from a private landlord, your landlord can no longer use a section 21 notice to evict you. They can only seek possession using one of the statutory grounds under the Housing Act 1988 (as amended), and they must go to court if you do not leave.

There are some important exceptions and transitional rules depending on the type of student accommodation and the timing, so the detail matters.

The general position now

Since 1 May 2026, most existing assured shorthold tenancies automatically converted into assured periodic tenancies, and no new section 21 notices can be served. A section 21 notice served before 1 May 2026 could still be relied on only if the landlord started court proceedings by the relevant transitional deadline (broadly, possession proceedings had to be issued by 31 July 2026 at the latest). Outside that narrow transitional window, section 21 is simply no longer available.

This means the ordinary “fixed term ends, so you must leave” model no longer applies. Tenancies are now periodic and rolling, and the landlord needs a legal ground to end them.

How this applies to your student house

The answer depends on what kind of student accommodation you are in.

Private landlord student house or HMO (the most common situation). This is now an assured periodic tenancy. Section 21 cannot be used. However, the Act introduced a new possession ground specifically for student lets, Ground 4A. This allows a landlord of a house in multiple occupation let to full-time students to recover possession so they can re-let to a new group of students for the next academic year. Ground 4A only works if strict conditions are met, including that the tenancy is of an HMO occupied by full-time students, prior written notice of the ground was given before the tenancy was entered into, and possession is sought within the window of 1 June to 30 September. So a private landlord cannot evict you on a whim, but they can use Ground 4A to regain the property at the end of the academic year for the specific purpose of re-letting to students. This is a court-based ground, not a self-executing notice.

University-owned accommodation (halls of residence let by the institution). Lettings of accommodation by specified educational institutions were already outside the assured tenancy regime under the Housing Act 1988, and they remain outside the new assured periodic tenancy regime. These tend to be licences or common law tenancies governed largely by the accommodation contract itself, so section 21 was never really the mechanism used and the new rules do not change your position much. Your rights come mainly from the terms of your contract.

Purpose-built student accommodation (PBSA) run by a private provider. Where the provider is a member of a Government-approved code, PBSA is intended to sit outside the assured periodic tenancy regime. New PBSA tenancies granted on or after 1 May 2026 are common law tenancies, which allow a genuine fixed term and possession recovery outside the assured regime. So the section 21 abolition does not apply in the same way, but again this depends on the exact nature and terms of the letting.

What your landlord must now do to evict you lawfully

For a normal private student house that is an assured periodic tenancy, a landlord who genuinely wants possession must:

1. Serve a valid notice specifying a lawful ground for possession under the Housing Act 1988.

2. Wait for the correct notice period for that ground before applying to court.

3. Apply to the county court for a possession order if you do not leave.

4. Obtain a warrant and have bailiffs enforce it if you still do not leave after a possession order.

Only County Court bailiffs or High Court enforcement officers can lawfully evict you. A landlord who changes the locks, removes your belongings, harasses you or forces you out without a court order commits a criminal offence and a civil wrong under the Protection from Eviction Act 1977.

Key facts that would change the answer

To be sure which regime applies to you, the following details matter:

The identity of your landlord, in particular whether it is a university or a private landlord or a PBSA provider.

Whether the property is a house in multiple occupation occupied by full-time students, because that determines whether Ground 4A can be used.

When your tenancy was granted and whether any section 21 notice was served on you before 1 May 2026, because of the transitional rules.

Whether you were given written notice before the tenancy started that the landlord might seek possession under the student ground.

Whether your agreement is a tenancy or a licence, which affects the protection you have.

Practical next steps

If your landlord has told you to leave, first ask them in writing to confirm the legal basis. If they are relying on a section 21 notice served on or after 1 May 2026, it is no longer valid and you do not have to leave on the strength of it.

Check any notice you have received against the ground claimed and the required notice period. If it is a Ground 4A student notice, check whether the strict conditions were met, including the pre-tenancy written warning and the timing.

Keep paying your rent and comply with your obligations, so no other ground for possession arises.

If you are being pressured to leave without a court order, or the locks are threatened, contact your local council’s housing options or tenancy relations team and consider Shelter’s emergency advice, because unlawful eviction is a criminal matter.

If you want a definitive read on your specific tenancy, have the tenancy agreement and any notice reviewed, as the type of accommodation and the exact wording will determine which of the situations above you fall into.

If you tell me who your landlord is, the type of property, and exactly what notice or communication you have received, I can give you a more precise assessment.

Current sources checked

This answer draws on broad legal knowledge and checks current law, guidance and procedure against relevant sources.

Student lettings – key changes under the Renters’ Rights Act 2025 and an important 31 May deadline - Forsters LLPforsters.co.ukThe Renters’ Rights Act 2025: a guide for private landlords in Englandpinsentmasons.comRenters' Rights Act 2025 changes in force - Shelter Englandengland.shelter.org.ukThe Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026legislation.gov.uk
Verify important information before relying on it.
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