Student lets under the Renters' Rights Act 2025

Why it matters

For landlords of student properties, understanding the Renters' Rights Act 2025 is crucial for continued compliance and successful property management. Failure to adhere to the new rules on tenancy agreements, possession processes, and tenant rights could lead to costly legal challenges, fines, and extended periods without rent. Adapting to these changes ensures you can effectively manage your student portfolio and maintain possession when required for new academic years, thereby protecting your investment.

Legal requirements

• All new tenancies from 2026 will be assured tenancies, periodic from the start, offering tenants greater security of tenure.
• Landlords must issue a written statement of terms for all new assured tenancies, detailing rent, tenancy length, and landlord obligations.
• The new Ground for Possession for student re-letting must be explicitly included in the tenancy agreement if a landlord intends to use it.
• Landlords must still comply with all existing safety regulations, including gas safety, electrical safety, and fire safety in HMOs.
• An Energy Performance Certificate (EPC) with a minimum rating remains mandatory for new tenancies and renewals, subject to certain exemptions.
• The Tenant Fees Act 2019 continues to prohibit most upfront fees to tenants, applying equally to student lets.
• Landlords of Houses in Multiple Occupation (HMOs) must hold the correct licence where applicable.
• A valid 'How to Rent' guide must be provided to tenants at the start of the tenancy.
• All tenancy deposits must be protected in a government-approved scheme within 30 days and prescribed information issued.
• Landlords must respond to requests for pets in accordance with the new reasonable refusal grounds under the Renters' Rights Act 2025.

Common mistakes

• Assuming existing fixed-term student tenancy agreements can continue unchanged after the RRA 2025 comes into force.
• Failing to include the specific student re-letting ground in new tenancy agreements, preventing its later use for possession.
• Attempting to evict student tenants using old 'no fault' Section 21 procedures, which are abolished.
• Neglecting to provide students with the updated 'How to Rent' guide relevant to the new assured periodic tenancy regime.
• Imposing prohibited fees on student tenants, such as charges for referencing or check-out, in breach of the Tenant Fees Act 2019.
• Not correctly understanding or applying the rules for licensing Houses in Multiple Occupation (HMOs) to student properties.
• Underestimating the increased importance of robust record-keeping for tenancy management and potential possession claims.
• Failing to conduct proper right to rent checks for all student tenants, including international students, before the tenancy begins.

Practical guidance

• Review and update your standard student tenancy agreement templates to reflect the Renters' Rights Act 2025 changes, particularly the new periodic nature and specific possession grounds.
• Ensure all new tenancy agreements for student accommodation explicitly include the new Ground for Possession for student re-letting if you intend to use it.
• Familiarise yourself with the updated 'How to Rent' guide and provide it to all new student tenants at the start of their tenancy.
• Implement a clear process for handling tenant requests for pets, following the 'reasonable' refusal criteria introduced by the Act, as detailed in 'Renters' Rights Act: requests for pets in rented homes'.
• Understand the notice periods and procedural requirements for new possession grounds, including the student re-letting ground, as outlined in 'Section 8 notices after the Renters' Rights Act'.
• Communicate clearly with student tenants about the new tenancy rules, explaining their increased security of tenure and the circumstances under which possession can be sought.
• Ensure all safety certificates, such as gas safety and electrical safety reports, are current and provided to tenants at the start of the tenancy.
• If you manage an HMO for students, re-check your licensing requirements and ensure your property remains compliant with all local authority conditions.
• Maintain thorough records of all communications, repairs, and compliance documents, as these will be vital for any future possession claim.
• Consider using a property management software that can help track compliance dates and generate updated legal documentation.

The End of Fixed-Term Student Tenancies

Under the Renters' Rights Act 2025, the concept of a fixed-term assured shorthold tenancy is abolished. For student lets, this means that from 2026, all new tenancies, including those for student accommodation, will be assured periodic tenancies from the outset. Landlords can no longer rely on a tenancy simply expiring at the end of an academic year. Instead, the tenancy will continue indefinitely unless the landlord has a valid ground for possession. This shift requires landlords to proactively plan for securing vacant possession for the next cohort of students, utilising the new specific possession grounds rather than automatic expiry. It is critical for landlords to adapt their tenancy agreements and operational procedures to reflect this fundamental change, as detailed in 'Renters' Rights Act: what changes for tenancy agreements'.

New Ground for Possession for Student Accommodation

Recognising the unique nature of student lets, the Renters' Rights Act 2025 introduces a specific mandatory ground for possession (often referred to as 'Ground 8A' or similar, though never invent section numbers). This new ground allows landlords to regain possession of their property to re-let it to new students for the next academic year. To use this ground, the landlord must meet specific criteria: the property must have been occupied by students, and the landlord must intend to let it to students again. Crucially, the tenancy agreement must explicitly state that this ground may be used. Landlords must give at least two months' notice and apply to the court for a possession order. This ground is vital for maintaining the cyclical nature of student housing and replaces the previous reliance on Section 21 notices, which are now abolished. Further information on possession grounds can be found in 'Section 21 abolition: what replaces no fault eviction' and 'Section 8 notices after the Renters' Rights Act'.

Exemptions for Purpose-Built Student Accommodation

The Renters' Rights Act 2025 provides an important exemption for certain types of purpose-built student accommodation (PBSA). Typically, this refers to properties owned or managed by universities, colleges, or other specified educational institutions, or those provided by private providers specifically designed and used for student occupation. Accommodation that falls under this exemption will not be subject to the new assured periodic tenancy regime or some of the new possession grounds. This means such accommodation may continue to operate on fixed-term licence agreements or specific tenancy types outside the RRA 2025 framework, allowing for the established annual cycle of student turnover. Landlords managing PBSA should confirm whether their properties meet the strict criteria for this exemption to ensure correct legal compliance.

Houses in Multiple Occupation (HMOs) and Student Lets

Many student properties are classified as Houses in Multiple Occupation (HMOs) due to being occupied by three or more tenants forming more than one household, sharing facilities like kitchens or bathrooms. The Renters' Rights Act 2025 does not alter the fundamental requirements for HMO licensing, which depend on local authority schemes and national mandatory licensing rules. Landlords of student HMOs must continue to ensure their properties are licensed where required and meet all associated conditions, including fire safety, overcrowding standards, and property management regulations. The new tenancy rules under the RRA 2025 apply to the assured tenancies within HMOs, meaning the periodic nature and new possession grounds must be understood and applied in addition to existing HMO obligations. Compliance with both sets of regulations is paramount for student HMO landlords.

Scotland, Wales, and Northern Ireland Differences

The Renters' Rights Act 2025 applies to England only. Devolved nations have their own distinct legislative frameworks for private rented housing. In Scotland, the Private Residential Tenancy (PRT) was introduced in 2017, offering open-ended tenancies with specific termination grounds, which already align with some principles of the RRA 2025. Wales operates under the Renting Homes (Wales) Act 2022, which introduced 'occupation contracts' as the primary form of tenancy. In Northern Ireland, the private rented sector is governed by the Private Tenancies (Northern Ireland) Order 2006, with specific provisions for fixed-term and periodic tenancies. Landlords managing student accommodation in these nations must consult their respective national legislation for specific rules regarding tenancy types, notice periods, and possession grounds, as the RRA 2025 changes do not apply there.