Out-Law Analysis 6 min. read
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13 Nov 2025, 3:17 pm
The Renters’ Rights Act 2025 will recalibrate how student housing in England is managed and let, owing to a raft of reforms that will alter the status of some tenancies and the grounds for landlords to obtain possession of the underlying properties. It will also impact on rent increases, payments and marketing practices.
At the core of the Act is the abolition of fixed term assured shorthold tenancies (ASTs), which have long been the default for many student lets. The main feature of an AST has been the ability to have a fixed term and to end the tenancy without giving a reason after the end of the fixed term – known as a ‘no fault’ eviction.
ASTs will be replaced by assured periodic tenancies (APTs) that will apply on a rolling basis. Landlords will be prohibited from making ‘no fault’ evictions on APTs once the Act has effect. While landlords will have additional statutory grounds for recovering possession, students will be able to give two months’ notice to leave at any time.
This change will apply to all tenancies – existing and new – on an implementation date still to be determined and could have major implications for occupancy levels, and rental income, in the student housing market. However, broad exemptions for university-owned accommodation and certain purpose-built student accommodation (PBSA) will apply.
Below, to supplement our broader guide to the Renters’ Rights Act 2025 for private landlords in England, we explore what the transition to APTs means in practice, explain where exemptions apply, highlight other notable reforms the Act brings, and identify what student accommodation providers can do to prepare for the new regime.
University-owned student accommodation remains outside the scope of the Housing Act 1988 and will continue to be exempt under the Renters’ Rights Act. These lettings are not subject to the new APT regime, meaning universities can continue to offer fixed term tenancies and retain existing legal procedures and grounds for regaining possession of student accommodation – as universities did before the Renters’ Rights Act. However, universities should still be aware of the broader regulatory landscape, particularly where they partner with third party PBSA providers or manage mixed portfolios that include non-exempt properties.
Universities and students’ unions also have a role to play in raising awareness. Recent surveys suggest that most students are unaware of the Act or its implications. Clear communication will be essential to ensure students understand their rights under the new regime.
The government’s intention is for PBSA to be exempt from the new APT regime provided the accommodation is let or managed by a member of a government-approved student housing management code of practice, such as ANUK/Unipol or UUK codes. Further regulations are awaited, for clarity.
In this regard, there are some important points for PBSA providers to note:
PBSA operators should review their tenancy agreements and ensure compliance with the relevant codes of practice to maintain exemption status. Regulations are expected to clarify the scope and conditions of exemption.
Student housing that does not qualify under the PBSA exemption – such as accommodation that is let or managed by an entity that is not a member of a government-approved student housing management code of practice or “on-street” shared houses, HMOs or studio flats – will be subject to the full APT regime.
This means:
Landlords in this sub-sector of the market will be able to rely on the new ground 4A possession rights to terminate student APTs in HMOs between 1 June and 30 September each year – in alignment with the academic year – subject to specific notice and timing conditions. For existing tenancies, they will only be able to rely on ground 4A if they provide tenants with a warning notice within one month of the Act coming into force.
Ground 4A cannot be relied upon in the context of non-HMO student lettings – studio apartments and one- or two-bedroom properties let to students will be subject to the new APT regime like other private sector lettings, with no special ground for possession.
Universities operating under nominations agreements with PBSA providers should carefully assess how the Renters’ Rights Act 2025 interacts with these arrangements.
While the Act does not directly regulate nominations agreements, the tenancy granted to students under such agreements may fall within or outside the new APT regime depending on the nature of the accommodation, the management structure and, critically, the identity of the actual grantor of the tenancy. Where the PBSA provider is a member of a recognised student housing code of practice, and the accommodation qualifies as exempt PBSA, the tenancy will likely be a common law tenancy, preserving fixed terms and existing possession routes. However, if the exemption criteria are not met, tenancies granted under nominations agreements may convert to APTs, triggering the new rules on termination, rent periods, and tenant rights.
Universities should review their nominations agreements to ensure clarity on tenancy type, possession procedures, and compliance with the Act’s transitional provisions, particularly where they act as intermediary or facilitator in the letting process. This will be particularly important where any nomination agreement contains an element of rental income guarantee.
The Renters’ Rights Act contains other notable reforms relevant to providers of student accommodation:
More information on these issues can be found in our main guide to the Renters’ Rights Act.
The Act received Royal Assent on 27 October 2025, but substantive provisions are not yet in force. Further regulations are needed. The government has pledged to set out its implementation plans as soon as possible.
As the sector awaits final regulations and a confirmed implementation date, housing providers should review tenancy agreements, update operational procedures, and prepare for a more regulated and tenant-focused landscape. Actions to consider include: