1. I can no longer offer 12-month fixed-term contracts. How do I ensure my property is empty for the next academic intake?
While fixed terms are abolished, the Act introduces a specific mandatory possession ground for student landlords: Ground 4A. This ground allows you to regain possession of a student HMO (or student dwelling) to re-let to a new cohort of students, provided:
🟧 Your property is occupied by full-time students only.
🟧 You give the current tenants at least 4 months’ notice, ending between 1 June and 30 September.
🟧 You included a written notice in their original tenancy agreement stating that Ground 4A may be applied; this must have been served by 31 May 2026 in most cases. The Government's information sheet does not count as this notice.
Please note Ground 4A can only be used by HMO only, and is not applicable to 1 to 2 Bedroom properties.
2. What happens if a student gives notice to leave in January?
Under the new periodic tenancy system, tenants can give 2 months’ written notice to quit at any time. If a student leaves mid-year, you will need to re-let the room. You cannot hold them liable for rent for beyond the end of their notice period.
3. Does the ban on "rent in advance" apply to international students without guarantors?
Yes. You are prohibited from requesting or accepting more than 1 month’s rent in advance. You cannot ask for a term or a year upfront, regardless of the tenant's guarantor status or international status. You may need to review your referencing criteria or explore guarantor services.
4. When do these changes take effect?
The new system commences on 1 May 2026.
🟧 New Tenancies: Any tenancy starting on or after this date must be a periodic assured tenancy.
🟧 Existing Tenancies: All existing fixed-term tenancies will convert to the new system on 1 May 2026. You should prepare for a full switchover on this date.
5. Can I still use rent review clauses?
No. Rent review clauses in existing agreements are no longer valid after 1 May 2026. You must use the Section 13 process: rent can only be increased once per year, you must serve at least 2 months' written notice using Form 4A, and any increase must not exceed the open market rent. Tenants have the right to challenge any increase they believe is above market rate at the First-tier Tribunal
6. Can I still use rent review clauses?
Common grounds include: rent arrears; antisocial behaviour; tenant failing to care for the property; tenancy connected to employment or temporary accommodation; intention to sell the property; or you or a close family member needing to move in. Note that the last two cannot be used in the first 12 months of a tenancy. Each ground carries its own required notice period, and if the tenant has not vacated by the end of it you must apply to court for a possession order.
7. Can I ban pets to protect my furniture?
No. You cannot issue a blanket ban on pets. Tenants now have a legal right to request a pet from 1 May 2026, and you cannot unreasonably refuse. Each request must be considered individually. Any refusal must be given in writing with reasons, and tenants can challenge an unreasonable refusal in court.
8. How much notice must a tenant give to end their tenancy?
At least 2 months' written notice (by letter or email), ending on a rent due date or the day before. A shorter period can be agreed in writing with the consent of all named tenants.
1. Are private student halls exempt from the ban on fixed-term tenancies?
Yes, but conditionally. Private Purpose Built Student Accommodation (PBSA) can continue using fixed-term tenancies only if:
🟧 The provider is a member of a government-approved Code of Practice (such as the ANUK/Unipol National Code).
🟧 The accommodation is let to full-time students only.
2. What happens if our building is not signed up to a Code?
If you are not a member of an approved Code, your tenancies default to standard Private Rented Sector rules. This means:
🟧 You cannot offer fixed-term contracts.
🟧 Your tenants will be on rolling periodic contracts with the right to give 2 months' notice at any time.
🟧 You will be subject to the full provisions of the Renters' Rights Act.
3. Do we need to issue new contracts for the 2026/27 academic year?
If you qualify for the PBSA exemption, your business model remains largely business as usual. You can continue to issue fixed-term tenancies for the 2026/27 cycle. If you are unsure whether you qualify, confirm your Code membership status now.
4. How does the Act affect our ability to take rent in advance?
If you fall under the PBSA Exemption, the ban on taking more than 1 month’s rent in advance does not apply to you. You may continue to structure payment plans (e.g., termly installments) as you do currently.
🟧 Warning: If you lose your Code membership or exemption status, the ban on rent in advance will apply to you immediately.
5. We have a "Nominations Agreement" with a university/ college. Does this change anything?
University-owned halls are automatically exempt. However, if you are a private provider with a nominations agreement, you must still ensure you meet the Code of Practice requirements to maintain your own exemption status. The exemption is tied to the management/ownership status of the accommodation, not simply the student status of its occupants.