Back to Campus: What the Renters' Rights Act Means for Students and Student Landlords

New Academic Year, New Renting Rules: What Students and Landlords Need to Know About the Renters' Rights Act and Student Accommodation

As the new academic year approaches, thousands of students across Suffolk will be preparing to move into shared houses, private rented accommodation, halls, and lodgings. For many, this will be their first experience of renting independently.

This year also brings significant changes to the private rented sector through the Renters’ Rights Act, which has introduced new protections for tenants and new responsibilities for landlords. Whether you’re a student looking for accommodation or a landlord renting to students, it’s important to understand how these changes may affect you.

A Guide for Students: Understanding Your Tenancy Type

Not all student accommodation is the same, and the type of agreement you have will affect your rights and responsibilities. Here are some of the most common arrangements students may encounter.

Assured Periodic Tenancy

Most students renting privately from a landlord will now have an assured periodic tenancy. If you have this type of tenancy it means the new rights and protections do apply to you.

Under the Renters’ Rights Act:

  • Tenancies no longer have a fixed end date
  • You can give notice to leave at any point by giving two months notice
  • A shorter notice period can be agreed if your landlord confirms this in writing
  • For joint tenancies, students should be aware that one tenant’s notice will usually end the tenancy for everyone
  • If someone wishes to move out while others want to remain, a tenancy swap may be possible if the landlord and all tenants agree

Lodger Agreements

If you rent a room in a property where the landlord also lives, you are usually considered a lodger rather than a tenant.

This arrangement offers fewer legal protections than a tenancy because:

  • You share living space with the landlord
  • Different notice arrangements may apply
  • The landlord generally has greater flexibility in managing the agreement

 

Students renting a spare room in a family home should always ensure they understand whether they are a lodger or a tenant before signing any agreement.

Common Law Tenancies and Licences

Some students may have a common law tenancy or licence.

Examples can include:

  • Accommodation linked to educational institutions such halls or residence
  •  Purpose built privately run student accommodation

 

The rights and obligations can differ significantly, so students should carefully check the terms of their agreement and seek advice if they are unsure.

 

It is important to understand this type of occupancy means the new rights and protections do not apply to you. Instead, your landlord must be signed up to a code of practice and be following their rules.

 

A Guide for Landlords Renting to Students

The student rental market remains an important part of Suffolk’s housing sector. While many long-standing features of student letting remain unchanged, landlords should ensure they understand the new legal framework.

When marketing student accommodation:

  • You can no longer ask prospective tenants to pay significant amounts of rent in advance or accept offers above the advertised rent
  • You can still carry out referencing and affordability checks and request a guarantor where appropriate
  • You must not discriminate against prospective tenants because they receive benefits or have children

 

Although student tenancies have some specific provisions  landlords must remember that student tenants are generally assured periodic tenants and should be treated in the same way as any other private renter. Throughout the tenancy, landlords must continue to comply with all relevant requirements under the Renters’ Rights Act, the Housing Act, and other applicable housing legislation.

Using Ground 4A for Student HMOs

Landlords operating student HMOs may be able to use Ground 4A to regain possession between 1 June and 30 September to accommodate a new cohort of students.

To rely on Ground 4A:

  • The property must meet the relevant criteria for student accommodation.
  • Written prior notice must be provided before the tenancy begins.
  • The necessary possession procedures must still be followed.

 

The Renters’ Rights Act brings important changes for both students and landlords. For students, it offers greater security and flexibility when renting, while landlords will need to ensure they understand and comply with the new requirements.

 

As the new academic year approaches, taking time to understand your rights and responsibilities can help create positive and successful tenancies for everyone involved.

More information can be found on the links below:

Assured periodic tenancies: a guide for tenants

Renting as a university student – GOV.UK

Renting a room in someone’s home: lodgers

Renters’ Rights Act

Read the latest on how the new law will affect tenants and landlords.

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