Renters’ Rights Bill explained: Student accommodation

The Renters’ Rights Bill is a major piece of legislation currently progressing through Parliament. It aims to reform the private rented sector in England. Although the timeline has shifted, the Bill is expected to receive Royal Assent in summer 2025, with implementation between October 2025 and January 2026.

Will the Bill affect those operating student accommodation?

In short, yes, the Renters’ Rights Bill will affect those operating student accommodation, but precisely how depends on the type of student accommodation landlords are operating.

University student accommodation

University-owned accommodation is exempt from the Bill. These types of tenancies are not assured tenancies and s.21 notices have never applied.

Purpose-built student accommodation (PBSA)

The Government has decided that PBSA should be removed from the assured tenancy system altogether. It recognises that PBSA is a specific type of accommodation for a limited market (around half a million students). Instead, these tenancies will become common law tenancies, meaning they can still be fixed term. Tenants will still have protections under the Protection from Eviction Act 1977, but the provisions of the Renters’ Rights Bill will not apply.

To be removed from the assured tenancy system (and to ensure that the Renters’ Rights Bill does not apply), the provider must be signed up to the Government approved codes of practice (ANUK/Unipol) which ensure homes are safe and good quality.

Houses of Multiple Occupation (HMOs)

The Bill applies to HMOs as they are generally let on ASTs. This means:

• Landlords of HMOs will no longer be able to evict a tenant without reason.
• HMO tenancies can no longer be fixed term.
• Existing HMO tenancies will convert to periodic (rolling) tenancies.
• Students will be able to leave at any time with two months’ notice, even if the tenancy was originally intended to align with the academic year.

An HMO landlord will only be able to remove a tenant if they can satisfy one of the grounds for possession under Schedule 2 Housing Act 1988. Importantly – the Bill introduces a new ground just for student HMOs (see below). A Section 8 notice will also need to be served.

Mandatory Grounds (the court must grant possession if proven):

• Ground 1: Occupation by landlord/ spouse/ close family member. The landlord/ spouse/ close family member wishes to move into the property. Landlords must give at least four months’ notice.
• Ground 1A: Intention to sell. If the landlord wishes to sell the property, they must give at least four months’ notice.
• Ground 2: Sale by mortgage lender. Lender exercises power of sale. Landlords must give at least four months’ notice.
• Ground 8: Serious rent arrears. The tenant is in at least three months’ rent arrears. Landlords must give four weeks’ notice before starting possession proceedings.
• Ground 7A: Anti-social/ criminal behaviour. The tenant has engaged in serious anti-social or criminal behaviour. Landlords can issue proceedings immediately after serving notice.

Discretionary Grounds (the court may grant possession if proven):

• New Ground 4A: Students living in HMOs (3+ bedrooms). Landlords can seek possession ahead of each new academic year. If it is a joint tenancy, this ground can only be relied on if all tenants are full-time students. If the rooms are let on individual tenancies, only those who are full-time students can be evicted. Landlords must give at least four months’ notice, and the notice must expire between 1 June and 30 September.
• Ground 10: Rent arrears. The tenant is in rent arrears at the time of the notice or hearing. Landlords must give four weeks’ notice before starting possession proceedings.
• Ground 11: Persistent rent arrears. The tenant has persistently delayed rent payments, even if they are not currently in arrears. Landlords must give four weeks’ notice before starting possession proceedings.
• Ground 12: Breach of tenancy. Any breach of tenancy other than non-payment of rent. Landlords must give two weeks’ notice.
• Ground 13: Deterioration of property. The tenant has allowed the property to deteriorate. Landlords must give two weeks’ notice.
• Ground 14: Anti-social behaviour. The tenant or their visitor has engaged in anti-social behaviour. Landlords can issue proceedings immediately after serving notice.

Top tip for landlords

If landlords can rely on multiple grounds for possession, their chances of successfully regaining possession increase significantly.

Pre-conditions for possession

For the court to consider awarding possession under one of the specified grounds, the landlord must have:

• A valid ground for possession.
• Given sufficient notice before issuing proceedings.
• Given written notice at the outset of the tenancy that they may want to regain possession under a particular ground.
• Protected the tenant’s deposit.
• Provided details for the private rented sector database.

Side note

If landlords manage an HMO, they should check with their local council if it requires a licence – there have been many Rent Repayment Orders granted by the First-Tier Tribunal (Property Chamber) recently against unlicensed landlords.

Private student accommodation (one- and two-bedroom properties)

The Bill applies to one- and two-bedroom student properties in the same way as HMOs.

However, ground 4A does not apply to one- and two-bedroom student properties as they do not fall within the definition of HMOs, despite them accounting for a quarter of all student housing. Ministers have expressed concerns that this could lead to landlords exiting the market – two months’ notice given during an academic year could make it impossible to find new tenants for that year – and are calling for the Government to extend Ground 4A to one- and two-bedroom properties too.

The Government response so far has been, “We think it is reasonable that the ground will apply to full-time students in larger house-share situations. Students studying part-time alongside work or who live in smaller properties should enjoy the same security as other tenants.”

For now, landlords of one- and two-bedroom student properties should presume that the Bill will apply to them.

Caught between the old and new rules?

If landlords serve a s.21 or s.8 notice before the Bill is passed, but it is still ongoing when the Act comes into force, any extant notices will remain valid, and the tenancy will remain an AST until possession proceedings have been concluded. If landlords haven’t yet issued proceedings, they must do so within time or the notice will lapse.