Student housing: Key lease terms to get right

Student housing: Key lease terms to get right

The Renters' Rights Act 2025 reshaped the legal landscape for student lettings in England. For most privately rented student homes, including many HMOs, fixed-term assured shorthold tenancies have generally been replaced by periodic tenancies, and the rules around possession have changed. This guide outlines some of the key areas landlords should understand. It provides general information only, and anyone managing student accommodation should check the legislation or seek professional legal advice before relying on it.

Ground 4A: the written statement
Ground 4A is the possession ground designed to allow landlords of qualifying student HMOs to recover a property at the end of an academic year. However, several conditions must be met before this ground can be relied upon.

One requirement that is easily overlooked is the written statement that generally needs to be provided before the tenancy begins. This statement should explain that the landlord intends to rely on Ground 4A where appropriate, confirm that the tenant satisfies the required student criteria, and state the intention to re-let the property to student tenants after possession is recovered. As the wording is important, landlords should use the current official guidance or obtain legal advice rather than relying on older templates.

Other important conditions include ensuring that all tenants meet the relevant student eligibility requirements, serving the required notice within the correct timescales, and ensuring that the proposed possession date falls within the permitted summer period. As several conditions apply, it is helpful to treat Ground 4A as a complete checklist rather than a single requirement.

The six-month rule
Timing also matters. To rely on Ground 4A, a tenancy generally should not be entered into more than six months before the agreed move-in date.

For example, where students are due to move into a property in September 2027, tenancy agreements would generally not be signed before around March 2027. The exact date will depend on the agreed tenancy start date, so landlords should confirm the relevant timing before issuing agreements.

For landlords accustomed to securing tenants many months in advance, this represents an important change to the traditional student letting cycle. While marketing can often begin earlier, the timing of signed tenancy agreements may need to be reviewed.

Joint tenancies
Joint tenancies remain widely used for student households, with all tenants signing one agreement and sharing responsibility for the rent.

Under the new periodic tenancy system, notice given by one joint tenant will generally end the tenancy for everyone named on the agreement. Ensuring tenants understand this from the outset can help avoid misunderstandings later in the tenancy.

It is also sensible for tenancy agreements to explain clearly how joint liability works and what may happen if one tenant wishes to leave before the others.

Guarantor agreements
Many student tenancies continue to rely on parental or third-party guarantors. A well-drafted guarantor agreement should clearly define what obligations are being guaranteed, including whether liability extends to rent arrears, damage or other breaches of the tenancy agreement.

Some landlords choose to have guarantor agreements executed as deeds, which may strengthen enforceability in certain situations. Whether this is appropriate depends on individual circumstances, so professional legal advice may be worthwhile. It is also important to specify when the guarantor's responsibilities begin and end, particularly now that most student tenancies are periodic rather than fixed-term.

Reviewing your paperwork
Many existing student tenancy agreements may now require updating. Fixed-term tenancy provisions are generally no longer appropriate for most privately rented student homes, while older rent review clauses and wording based on the previous assured shorthold tenancy system may no longer reflect the current legal framework.

Reviewing tenancy agreements before they are reused can help reduce confusion and ensure documentation reflects current legislation. Where there is any uncertainty, obtaining professional advice is likely to be worthwhile.

Talk to our lettings team about managing your student lets



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