Under the Renters' Rights Act 2025, all new tenancies granted on or after 1 May 2026 are periodic from the outset — there are no fixed-term assured shorthold tenancies. A student tenancy for the 2026/27 academic year (typically running September 2026 to June or August 2027) cannot be structured as a fixed-term AST. Instead, it must be a periodic tenancy with no guaranteed end date, and the student can give two months' notice to leave at any time.
This creates a fundamental challenge for student landlords who need certainty about when the property will be vacant to re-let it for the next academic year. Parliament and the government have acknowledged this tension. As of 1 May 2026, there is no student-specific exemption from the periodic tenancy rules. Student landlord representatives — including the National Residential Landlords Association (NRLA) and Unipol — have campaigned for a dedicated student tenancy type. Landlords letting to students must now plan their tenancy management accordingly.
Impact of RRA 2025 on student fixed-term tenancies
The abolition of fixed-term ASTs is the most significant change for student landlords:
- No fixed-term ASTs from 1 May 2026: All new tenancies granted on or after 1 May 2026 are periodic. A landlord cannot grant a 12-month fixed-term to a student group — the tenancy is periodic from day one, and the students can leave on two months' notice at any point
- Existing fixed-terms (pre-May 2026): Tenancies granted before 1 May 2026 with a fixed term running beyond that date continue under their original fixed terms until expiry. When the fixed term expires after 1 May 2026, the tenancy converts to a periodic tenancy under the new rules
- Students can leave mid-year: Under periodic tenancy, a student who fails their course, moves into university accommodation, or simply wants to leave can give two months' notice and depart at any point in the academic year. The landlord has no fixed-term rent guarantee
- Ground 4A — dedicated student possession ground: The government introduced a new Schedule 2 Ground 4A specifically for student lettings under the Renters' Rights Act. Ground 4A allows a landlord to regain possession at the end of the academic year where: (a) the property is let to at least one full-time student; (b) the landlord gives at least two months' notice; and (c) the notice cannot expire earlier than the end of the academic year. This provides landlords with a mechanism to recover possession for re-letting in the summer
- Using Ground 4A in practice: The landlord must serve a Ground 4A notice before or at the start of the tenancy (this is a requirement — a landlord who serves notice too late may not be able to use Ground 4A for that tenancy year). Landlords should serve Ground 4A notices at the tenancy start date, specifying a date not earlier than the anticipated end of the academic year (typically June or August). The notice must expire on a valid rent payment date
HMO licensing for student properties
Most student house-shares are HMOs and subject to licensing requirements:
- Mandatory HMO licensing: A property let to 5 or more people from 2 or more separate households, who share facilities, must have a mandatory HMO licence. Most student houses — particularly 5-bedroom and 6-bedroom houses — meet this threshold. The licence must be held by the landlord and renewed when it expires (typically every 5 years)
- Additional HMO licensing: Many university towns and cities (Oxford, Bristol, Cambridge, Manchester, Leeds, Nottingham, Sheffield) operate additional HMO licensing schemes that require licences for smaller HMOs — typically 3+ occupants. Student landlords in these areas must licence all houses above the local threshold, not just those with 5+ occupants
- HMO management regulations: All HMOs (licensed or not) are subject to the HMO Management Regulations 2006, which require the manager to maintain the common parts, ensure fire safety equipment is maintained, and comply with safety standards. These regulations apply regardless of HMO licensing status
- Planning permission (C4 use class): A property used as a small HMO (3-6 unrelated people) is in Use Class C4. In areas with Article 4 Directions (common in university towns), a planning application is required to change from C3 (single family dwelling) to C4 use. Operating a C4 HMO without planning permission in an Article 4 area is a planning enforcement risk
- Room sizes and amenity standards: HMO licensing conditions specify minimum room sizes (at least 6.51 sq m for a single adult sleeping room), adequate bathroom and kitchen facilities per number of occupants, and heating standards. Licences will specify the maximum number of occupants
Guarantors — essential for student tenancies
Student tenants typically have no income or credit history, making guarantors essential:
- What a guarantor does: A guarantor (typically a parent) agrees to pay the rent and meet any damages if the student tenant defaults. The guarantor's liability should be clearly defined in the deed of guarantee — whether it covers the full tenancy period or only the initial fixed term, and whether it is capped at a specific amount
- Guarantor eligibility checks: Landlords should carry out affordability checks on guarantors — typically requiring the guarantor to have an annual income of at least 30-36 times the monthly rent (some lenders require 36x for guarantor mortgages; landlords can use a similar benchmark). A credit check on the guarantor is advisable
- Joint and several guarantee: Where a property is let to multiple students jointly, each student is jointly and severally liable for the full rent. Ideally, each student has their own guarantor who is also jointly and severally liable for the full rent (not just the individual student's share). This maximises the landlord's recovery options if one student defaults
- Deed of guarantee — key clauses: The deed of guarantee should: (a) define the extent of the guarantor's liability (ideally the whole rent, not just one share); (b) include a clause making the guarantee continue on any periodic tenancy that follows the initial term; (c) specify that the guarantor is notified of any arrears promptly. Without a periodic tenancy continuation clause, the guarantee may expire when the fixed term ends
- RRA 2025 and guarantors: Under periodic tenancies, guarantor liability extends for the full periodic tenancy duration — there is no fixed-term end after which the guarantee expires. Landlords should ensure the deed of guarantee reflects this
Advance rent — the one-month cap and student lets
The Renters' Rights Act 2025 caps advance rent at one month — a major change for student lettings:
- The cap: From 1 May 2026, landlords cannot require tenants to pay more than one month's rent in advance at the start of a tenancy. This is a strict prohibition — a landlord who requires more than one month's advance rent commits a civil offence carrying a financial penalty of up to £40,000
- Impact on student landlords: It has historically been common for student landlords to require several months' rent in advance — particularly for international students who may not have UK-based guarantors. This practice is entirely prohibited from 1 May 2026, regardless of the tenant's circumstances
- International students: The prohibition applies to all tenants regardless of nationality. A landlord cannot require an international student to pay 6 months' advance rent as a substitute for a UK guarantor. The only permitted advance payment is one month's rent plus the 5-week deposit
- Institutional guarantor schemes: Where an international student cannot provide a UK-based guarantor, some specialist guarantor companies (e.g., Housing Hand, Canopy) will provide a paid guarantor service. The cost is met by the student. Landlords should familiarise themselves with these schemes as an alternative to advance rent
- Collecting more than one month's advance rent after 1 May 2026 is not only a civil offence — it may also be used by a tenant as grounds to challenge the tenancy or claim a refund of the excess. Ensure tenancy paperwork specifies only one month's advance rent
Deposit protection and end-of-tenancy
Student tenancy deposits are subject to the same rules as all assured tenancies:
- 5-week deposit cap: The deposit cannot exceed 5 weeks' rent (6 weeks where annual rent is above £50,000 — rare for student lets). This cap has applied since 2019 (Tenant Fees Act)
- Protect within 30 days: The deposit must be protected in a government-approved scheme (TDS, DPS, or mydeposits) within 30 calendar days of receipt. Prescribed information must also be served within 30 days
- Joint tenancy deposits: For a group let, one deposit is paid (typically one student collects contributions from all housemates). Only one registered deposit is held — all tenants are named on the deposit certificate. On checkout, HMRC treats deductions as against the shared deposit
- Dilapidations at end of student tenancy: Student tenancies typically generate higher-than-average wear and tear due to the intensity of occupation and lower experience of domestic responsibility. Thorough check-in and check-out inventories (with photographs) are essential for evidencing any deductions
- Interest on late-protected deposits: Where a deposit was not protected within 30 days, the landlord cannot serve a valid possession notice and is liable to pay the tenant up to 3x the deposit amount. This is an elevated risk in student lets, where annual turnovers create many deposit events
Frequently asked questions
Can I still use a fixed-term tenancy for a student let from September 2026?+
No. The Renters' Rights Act 2025 abolishes fixed-term assured shorthold tenancies from 1 May 2026. All new tenancies granted from that date (including September 2026 student tenancies) must be periodic. To manage the academic year cycle, serve a Ground 4A notice at the start of the tenancy specifying the end of the academic year as the earliest possession date.
What is Ground 4A and how do I use it?+
Ground 4A is a new Schedule 2 possession ground introduced specifically for student landlords by the Renters' Rights Act 2025. It allows a landlord to regain possession at the end of the academic year from a student tenant, provided: (a) at least one tenant is a full-time student; (b) the landlord gave notice no later than the tenancy start; and (c) the notice specifies a date no earlier than the end of the academic year. Serve the notice at or before the start of each tenancy year.
Can I require international students to pay several months' rent in advance?+
No. From 1 May 2026, the advance rent cap of one month applies to all tenants regardless of nationality or circumstances. Requiring more than one month's advance rent is a civil offence carrying penalties up to £40,000. Where international students cannot provide a UK-based guarantor, refer them to specialist institutional guarantor companies such as Housing Hand or Canopy.
Do I need an HMO licence for a 4-bedroom student house?+
Not under mandatory national HMO licensing (which applies to 5+ occupants). However, many university towns operate additional HMO licensing schemes that require licences for 3+ or 4+ occupant HMOs. Check your local council's website — Bristol, Manchester, Oxford, Leeds, and many others have additional licensing in student areas. Operating without a required licence carries civil penalties up to £30,000.