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Renters' Rights Act FAQ's

This article explains how we’re helping landlords understand and prepare for the Renters’ Rights Act through clear, practical guidance and where to request accessible resources and documents.

Disclaimer:


This information is general commentary on the Renters’ Rights Act and is not legal advice.

Landlords and letting agents should seek advice from a qualified specialist before making decisions about tenancies, possession or agreements.

1.Overview

Who does the Renters’ Rights Act affect most in student accommodation?

Landlords and letting agents of shared student houses. Purpose Built Student Accommodation (PBSA) is affected far less, provided it is part of a recognised national code. This creates a “two-tier” sector: university and private halls continue much as before, while shared-house landlords and agents adapt to the new rules.

Does the Renters’ Rights Act apply in Wales and Scotland?
No. The Act applies to tenancies in England only. Wales and Scotland have separate tenancy legislation with their own rules on notice, possession and fixed terms, so the information in this FAQ should not be assumed to apply there.

Who does the Renters’ Rights Act affect most in student accommodation in England?
Landlords and letting agents of shared student houses. Purpose Built Student Accommodation (PBSA) is affected far less, provided it is part of a recognised national code. This creates a “two-tier” sector: university and private halls continue much as before, while shared-house landlords and agents adapt to the new rules.

What was the traditional student letting cycle in England?
Shared houses were marketed in October, November and January for occupation the following August or September. Students signed fixed-term joint contracts early to secure the best properties, so both landlords and students knew where they stood.

How does the Act disrupt that cycle in England?
Tenants can serve two months’ notice at any time. Periodic tenancies are introduced, so landlords of smaller properties (2 beds and under) aren’t guaranteed possession in time for the next intake. Rent can only be taken monthly, and one tenant’s notice on a joint tenancy ends it for everyone.

 

2. Notice and tenancy types

Can tenants leave during a tenancy?
Yes. Under the Act, tenants can serve two months’ notice to leave at any time.

Note: this applies to tenancies covered by the Act. It would not apply under a common law agreement or a licence agreement if the landlord did not want it to. Certain criteria must be met to use either, so specialist advice should be sought.

What happens if one tenant serves notice on a joint tenancy?
It ends the tenancy for all tenants. This can mean everyone has to leave, or that the remaining tenants stay without a tenancy agreement. With individual tenancy agreements, a notice affects only that tenant’s room.

Are open-ended (periodic) tenancies suited to student lets?
They are difficult to reconcile with student lettings, because landlords need certainty that they can re-let the property the following year.

What is a licence agreement, and how does it differ from an assured tenancy?
Broadly, the Renters’ Rights Act does not apply to licence agreements, so fixed terms can be used, similar to PBSA. This also means the two months’ notice rule would not apply unless the landlord chose to include it. Certain criteria must be met to use a licence, and specialist advice should be sought.

 

3. Rent, payments and guarantors

Can I take rent in advance?
No. Rent can only be taken in monthly instalments. This ends the practice of taking rent in advance from students who can’t provide a UK guarantor.

What are professional guarantor services?
These are companies that act as guarantor for a student who can’t provide a UK one. The student pays the company, which insures the risk so the landlord can recover lost rent in the event of a default. Housing Hand is one example.

Will rents change because of the Act?
Rents are widely expected to rise as landlords price in the additional risk now present. Landlords leaving the market could push rents up further where demand outstrips supply, as happened in the immediate post-Covid period.

4. Possession and Ground 4a

What is Ground 4a?
A mandatory possession ground under the Act for student HMO (House in Multiple Occupation) lets in England.

Does Ground 4a apply to all student properties?
No. It applies only to HMO lets. Broadly, if you aren’t letting to 3 or more people, it isn’t available.

What are the key conditions of Ground 4a?
The tenancy can’t be signed more than 6 months in advance, and occupation can be gained between June and September.

How does the 6-month signing limit affect the letting calendar?
Because tenancies can’t be signed more than 6 months ahead, marketing and signing are expected to move later than in previous years, with the letting cycle extending into the early new year. Two approaches are emerging:

  • Marketing later, by which time groups of first-year students are likely to be more settled, so groups are less likely to sign and then fall out.
  • Marketing in the autumn but delaying signing until 6 months before move-in. This can be arranged informally or through a pre-let agreement with a small holding deposit that both sides agree can be held longer than the statutory maximum. This suits second-year-plus students who are secure in their groups and want to lock in accommodation early.

5. Timing and void periods

How do tenancy start dates affect void risk?
In 2025, most student houses advertised on Accommodation for Students started in August or September, with September alone accounting for 44% of start dates. On a September-to-August cycle, a tenant serving notice in early May could leave a 3-month void. On a July-to-June cycle the exposure would be one month, plus rent received from the earlier start. Earlier start dates mainly reduce the risk of students leaving once exams end; they can’t account for unpredictable changes in personal circumstances.

6. Tenant retention

How does quality of accommodation affect student retention?
Student expectations are rising in a competitive market. Higher-quality properties are more likely to attract and keep tenants, while unresolved maintenance issues may lead students to serve notice and move on.

7. Helpful resources

Accommodation for Students has put together the following resources to download: