Understanding Tenancy Agreements
10 min read Article Updated 2026-03-14
How the Renters’ Rights Act 2026 Changes Student Tenancies
The UK student rental market faces its biggest regulatory overhaul in decades this year. The Renters’ Rights Act 2025 received Royal Assent in October 2025 and directly impacts how you rent student houses. From 1 May 2026, the government is abolishing fixed-term Assured Shorthold Tenancies (ASTs) for private rentals.
If you rent a standard house share from a private landlord, you will sign a rolling periodic tenancy. You no longer have to commit to a strict 12-month contract. You can give your landlord two months of notice to leave the property at any point during the year. This change gives you the flexibility to move out if you drop out of university or face severe issues with your housemates. You simply serve a written notice to quit, ensuring it aligns with your rent payment dates.
Landlords retain some control to align their properties with the academic year. They can use a specific legal mechanism called ‘Ground 4A’ to give you four months of notice to leave. They must issue this notice in writing to ensure the property is empty for the next group of students in September. Your landlord must prove they intend to let the property to students again the following year to use this ground.
The new law also abolishes Section 21 ‘no-fault’ evictions. Your landlord can no longer force you out of the property without a valid legal reason. If they want to sell the property or move a family member in, they must use specific legal grounds and provide extensive evidence to a court. This provides greater security during your studies, preventing sudden mid-year evictions.
Purpose-Built Student Accommodation (PBSA) vs Private Rentals
The new rolling tenancy rules only apply to private landlords and standard house shares. Purpose-Built Student Accommodation providers operate under different regulations. Private halls and university-owned blocks are exempt from the Renters’ Rights Act changes provided they register under government-approved codes of practice.
If you move into a PBSA block, you still sign a fixed-term contract. These agreements typically last 44 or 51 weeks. You cannot give two months of notice to leave a PBSA contract early. You remain liable for the rent until the fixed term ends, unless you find a replacement tenant to take over your room.
PBSA often includes all utility bills in the advertised price. Private landlords usually charge rent exclusive of gas, electricity, and water. You must budget for these extras when comparing your options. A private room costing £450 a month might seem cheaper than a £550 PBSA room. Once you add £80 for energy, £20 for water, and £15 for broadband, the price gap shrinks rapidly. Use our rent affordability calculator to check if a property fits your maintenance loan.
PBSA providers also follow strict safety guidelines under the ANUK Code. This code guarantees specific response times for maintenance issues. Private landlords fall under general housing law, which can sometimes mean slower repair times for non-emergency issues.

Deposits, Fees and Upfront Costs in Tenancy Agreements
Securing a student house requires upfront cash. Landlords usually ask for a holding deposit to take the property off the market while they run reference checks. The Tenant Fees Act 2019 caps this holding deposit at one week of rent. To calculate this, multiply the monthly rent by 12 and divide by 52. The landlord must deduct this amount from your first rent payment or your final tenancy deposit.
Your main tenancy deposit protects the landlord against damage or unpaid rent. In England, the law caps this deposit at five weeks of rent for properties with an annual rent under £50,000. If your rent is £500 a month, your maximum legal deposit is £576.90.
Landlords must place this money into a government-backed deposit protection scheme within 30 days of receiving it. In England and Wales, they must use the Deposit Protection Service, MyDeposits, or the Tenancy Deposit Scheme. They must provide you with a certificate proving where your money is held.
Never pay a deposit via bank transfer before viewing a property in person and verifying the landlord’s identity.
Landlords and letting agents cannot charge you administration fees, referencing fees, or inventory check fees. The law bans these hidden charges across England, Scotland, and Wales. You only pay your rent, your deposit, and permitted default fees. A landlord can only charge you a default fee for replacing a lost key or for rent that is more than 14 days late.
Guarantors and Rent in Advance
A guarantor is a person who agrees to pay your rent if you fail to do so. Landlords almost always require a UK-based guarantor for student tenancies. This person is usually a parent or guardian with a stable income and a solid credit history. The letting agent will run a credit check on your guarantor before finalising the contract.
If you miss a rent payment, the landlord will immediately contact your guarantor for the money. The guarantor is legally bound by the contract to cover your debt. If they refuse, the landlord can take both of you to a county court.
International students or care leavers often struggle to provide a UK guarantor. Historically, landlords demanded six to twelve months of rent in advance to bypass this requirement. The Renters’ Rights Act introduces a strict cap on advance rent payments. Landlords can now request no more than one month of rent upfront.
This legal change means landlords will increasingly rely on private guarantor services. Companies like Housing Hand act as your UK guarantor for a non-refundable fee. This fee usually costs around four to five percent of your annual rent. You must factor this cost into your budget if you cannot provide a family member to back your tenancy. Check our student money section for advice on budgeting for these extra services.

Joint Tenancies vs Individual Contracts
When you rent a house with friends, you usually sign a joint tenancy agreement. A joint tenancy makes all tenants jointly and severally liable for the rent and the property condition. You act as a single legal entity.
If one housemate stops paying their rent, the landlord can legally demand the missing money from the rest of the group. If your housemate drops out of university and refuses to pay, you must cover their share to avoid eviction. If someone damages the communal living room, the landlord will deduct the repair cost from the shared deposit pool, regardless of who caused the damage. You cannot argue that you were away for the weekend when the damage occurred. The joint contract makes you equally responsible.
Choose your housemates carefully, as joint liability ties your finances directly to theirs. Set up a clear system for shared expenses early in the year. Put all bills in joint names so one person does not shoulder the legal burden for the energy account. If a housemate wants to leave mid-year, they must find a replacement, and all remaining tenants must sign a Deed of Assignment to transfer the legal liability.
Individual contracts offer more financial protection. You rent a specific room and share the communal areas. If another tenant falls into rent arrears, the landlord cannot chase you for their debt. PBSA providers almost exclusively use individual contracts. Some private landlords offer individual contracts for large HMOs, but joint tenancies remain the standard for smaller student houses.
What to Check Before Signing Your Tenancy Agreement
Read every clause before you sign. Verify the exact rent amount, the payment dates, and the bank details. Check the inventory document carefully on the day you move in. The inventory lists the condition of every room and piece of furniture.
Take your own date-stamped photos of any existing damage, marks on the walls, or broken appliances on day one. Email these photos to the letting agent immediately. This paper trail prevents the landlord from charging you for pre-existing damage when you move out.
Always get any verbal promises from the letting agent in writing before you sign the contract.
Watch out for illegal clauses. A landlord cannot force you to pay for professional cleaning at the end of the tenancy. The Tenant Fees Act bans this requirement. You only need to return the property to the same standard of cleanliness it was in when you arrived.
Review the maintenance clauses. The Landlord and Tenant Act 1985 requires landlords to keep the structure, exterior, and installations for water, gas, and electricity in working order. You are responsible for minor tasks like changing lightbulbs, taking out the bins, and keeping the property adequately ventilated to prevent condensation.
You must also pass a Right to Rent check before signing. Landlords in England must legally verify your immigration status. You will need to provide your passport, a biometric residence permit, or a share code from the Home Office. British and Irish citizens can usually prove their status with a passport. International students must generate a share code online to prove their visa allows them to rent in the UK. Read our housing guide for more details on preparing your documents.
| Feature | Private House Share (HMO) | Purpose-Built Student Accommodation (PBSA) |
|---|---|---|
| Contract Type | Rolling periodic tenancy (from May 2026) | Fixed-term contract (usually 44-51 weeks) |
| Notice Period | 2 months (tenant) / 4 months (landlord via Ground 4A) | Cannot leave early without a replacement tenant |
| Utility Bills | Usually excluded | Usually included |
| Liability | Often joint and several liability | Individual liability |
Dealing with Tenancy Agreement Disputes
Maintenance delays and deposit deductions cause the majority of student housing disputes. Your tenancy agreement dictates how you must report repairs. Most agents require you to use an online portal to log issues. Always report problems in writing to maintain a clear evidence trail.
If your landlord ignores a severe repair issue, such as a broken boiler in winter, contact your local council’s environmental health department. They have the power to inspect the property and issue an improvement notice. You must never withhold your rent to force a repair. Withholding rent puts you in breach of your tenancy agreement and gives the landlord legal grounds to evict you.
Deposit disputes usually occur when you move out. Landlords try to claim money for cleaning, damages, or missing items. If you disagree with a deduction, you do not have to accept it. Raise a dispute through your deposit protection scheme. The scheme provides a free alternative dispute resolution service. An independent adjudicator will review your check-in inventory, your check-out photos, and the landlord’s receipts to make a binding decision.
Fair wear and tear is legally protected. A landlord cannot charge you for minor scuffs on a wall that naturally occur over a year of living in a property.
Find more resources on managing your student accommodation and protecting your deposit over at unisorted.co.uk.
Frequently Asked Questions
Can I leave my student tenancy early?
If you have a rolling periodic tenancy under the new 2026 rules, you can leave by giving your landlord two months of written notice. If you live in PBSA or have an older fixed-term contract, you cannot leave early unless your contract contains a break clause. You will usually need to find a replacement tenant to take over your contract and pay the rent until they move in.
Do I have to pay council tax as a student?
Full-time students are exempt from paying council tax in the UK. You must apply for this exemption through your local council website by providing a student certificate from your university. If you live with a non-student, the property receives a 25 percent discount, but the non-student is responsible for paying the remaining bill.
What happens if my landlord doesn’t protect my deposit?
Landlords must place your deposit in a government-backed protection scheme within 30 days of receiving it. If they fail to do this, or fail to give you the prescribed information about the scheme, you can take them to a county court. The court can order the landlord to repay your deposit plus compensation of between one and three times the deposit amount.
Can my landlord increase my rent mid-tenancy?
For rolling periodic tenancies, your landlord can propose a rent increase once a year using a Section 13 notice. They must give you at least two months of notice before the new rent takes effect. If you have a fixed-term contract, your landlord cannot increase the rent during the fixed period unless you agree to it or your contract includes a specific rent review clause.
