Student letting has historically operated under a different model from the mainstream private rented sector: fixed-term Assured Shorthold Tenancies aligned to the academic year, group viewings in October to November for September move-in, and joint tenancies with guarantors. The Renters' Rights Act 2025 fundamentally disrupts this model by abolishing fixed-term ASTs from 1 May 2026, including for student properties. This guide explains what has changed and what student landlords must do now.
Fixed-term student ASTs abolished from 1 May 2026
The traditional September-to-June student AST is no longer a lawful form of tenancy for new lettings from 1 May 2026. All new student tenancies must be Periodic Assured Tenancies. The student sector's lobbying for a specific exemption was unsuccessful, the government's position is that periodic tenancies provide adequate flexibility via Section 8 grounds.
The end of the fixed-term student AST
- From 1 May 2026, no new Assured Shorthold Tenancy can be granted, for any property, including student lets
- All new student tenancies must be Periodic Assured Tenancies (weekly, monthly, or term-based periodic agreements)
- Existing student ASTs in force on 1 May 2026 auto-converted to Periodic ATs on that date
- A student landlord cannot include a fixed end date in a new tenancy, the tenant has the right to remain as long as they wish unless a valid possession ground applies
- The practical implication: a student who decides not to vacate in June can remain into the next academic year, you cannot evict without a Section 8 ground
Ground 4A, the student HMO possession ground
The Renters' Rights Act introduced a new possession ground specifically for student HMOs, Ground 4A. This is the student landlord's primary tool for recovering possession between academic years.
- Ground 4A: Available where the property is a licensed or licensable HMO let exclusively to full-time students and the landlord intends to re-let to students for the next academic year
- Notice period: check the prescribed Ground 4A period on Form 3A (Ground 1A for owner-sale is 4 months' notice)
- Earliest notice date: the notice must be served so that the possession date falls on or after the start of the next academic year, you cannot use Ground 4A to recover possession during term
- Mandatory ground: if proven, the court must make a possession order
- Key limitation: Ground 4A only applies to licensed HMOs let exclusively to full-time students, it does not apply to a student sharing with non-students, or to a non-HMO student let (e.g. a single student in a one-bed flat)
HMO licensing for student properties
- Mandatory HMO licence: Required for all properties occupied by 5 or more people from 2 or more separate households, the overwhelming majority of student houses
- Licence granted by the local authority, typically renewable every 5 years
- Application fee varies by council, typically £500 to £1,500 for a 5-bed student property
- Licence conditions: minimum room sizes (6.51m² for single occupation in England), fire doors, fire detection, emergency lighting, adequate kitchen and bathroom facilities
- Additional HMO licensing: Many university cities (Nottingham, Leeds, Sheffield, Bristol, Liverpool) operate additional licensing schemes covering smaller HMOs (3 to 4 occupants), check your local council
- Operating without a required licence is a criminal offence, unlimited fine, rent repayment order for 24 months' rent, banning order risk
Guarantors for student tenancies
- Most student tenants are unemployed (full-time students) and fail standard income referencing, guarantors (usually parents) are standard practice
- Each joint tenant in a student house should have their own guarantor, guarantor liability is typically limited to that tenant's share unless the guarantee is expressly joint and several
- Use a properly drafted guarantor agreement, a letter or informal email is not enforceable
- The guarantor agreement must be signed as a deed (witnessed signature) to be legally binding
- Guarantors cover: unpaid rent, damage above fair wear and tear, and costs, specify this clearly in the agreement
- A guarantor overseas (common with international students) may be difficult to enforce against, consider a UK-based guarantor or rent guarantee insurance as an alternative
Practical advice for student landlords in 2026
- Market early: Student accommodation is still marketed in October to January for September, this marketing cycle has not changed even if the tenancy form has
- Use Ground 4A correctly: If your property qualifies (HMO, exclusively full-time students, licensed), serve the Ground 4A notice during the tenancy so the possession date aligns with the end of the academic year
- Serve the Information Sheet: For existing tenants who converted from AST on 1 May 2026, serve the Renters' Rights Act Information Sheet before 31 May 2026
- Review your guarantor deeds: Ensure they are properly executed and cover the periodic tenancy, some old guarantees may have been drafted to expire with the fixed-term
- Check your HMO licence conditions: Renters' Rights Act changes (Awaab's Law, damp/mould response) are being incorporated into licence conditions in many councils
- Energy Performance: Student HMOs must have an EPC of E or above (minimum), the proposed move to C by 2028 will impact many older student terraces