Housing rights

This guide is for general information only and is not legal advice. Your individual situation may be different, and housing law can be complex. This guide cannot cover every scenario or answer every question about your specific circumstances.

You should seek professional advice if you're facing eviction, in a dispute with your landlord, unsure about your rights, or making important decisions about your tenancy. Contact us at SU Advice for expert guidance. Don't rely solely on this guide for legal matters.

What's changing?

The Act abolishes Section 21 no-fault evictions for all tenancies from 1 May 2026. Section 21 was the old rule that let landlords evict you without giving a reason. Now landlords can only evict you if they have a valid legal reason, which must be proven in court.

There are two types of grounds for eviction:

• Mandatory grounds - the court must let the landlord evict you if they prove their case.

• Discretionary grounds - the court can consider whether eviction is fair even when the landlord proves their case.

If you're at fault

Landlords can give you notice to evict at any point in the tenancy if you do something wrong. These grounds include: 

• Anti-social behaviour (this could be a major problem for students accused of being noisy or disruptive) 

• Damaging the property 

• Falling into significant rent arrears 

The rules for rent arrears eviction have improved slightly. Previously, landlords could start eviction proceedings if you were two months behind on rent. Now it's three months, and the notice period increased from two weeks to four weeks. This gives you more time to catch up on rent while ensuring landlords don't face unsustainable costs.

If the landlord's circumstances change

Landlords have strengthened rights to reclaim properties when necessary. They can evict to sell the property, to move back in themselves, or to house a family member. However, you now get a 12-month protected period at the beginning of any tenancy during which landlords cannot evict you for these reasons. After that protected 12-month period, landlords must give four months' notice when using these grounds, giving you more time to find a new home.

If your landlord tries to evict you

Don't ignore eviction notices. Contact us at SU Advice immediately if your landlord serves you with any eviction notice, whether for rent arrears, anti-social behaviour, or any other reason. There are strict procedures landlords must follow and you have rights too, even if they have grounds to evict you.

From 1 May 2026, all tenancies will be "periodic" rather than "fixed-term".

What's the difference between fixed-term and periodic?

• Fixed-term tenancy: You sign a contract to rent for a specific period - e.g. exactly 12 months from 1 September to 31 August. You're locked in for that whole period. 

• Periodic tenancy: Your tenancy runs month-to-month with no set end date. You can leave with two months' notice at any time. 

Currently, you might sign a contract saying you'll rent a property for exactly 12 months (that's a "fixed term"). Under the new rules, instead of renting for a fixed period, your tenancy runs month-to-month. This means the tenancy can't have a set end date. 

The good news: You can leave with two months' notice at any time, giving you flexibility if you need to drop out, your circumstances change, or you realise the property isn't suitable. This partly solves the problem of students signing early and being trapped in unsuitable tenancies. 

The bad news - this is important: There is a major catch if you're renting with other people (called a "joint tenancy"). Under periodic tenancies, any one person in a joint tenancy can end the entire tenancy on their own by giving two months' notice. This could leave other housemates homeless.

What's a joint tenancy? 

A joint tenancy is when multiple people rent a property together and you're all named on the same tenancy agreement. You're all equally responsible for the rent - if one person doesn't pay their share, the landlord can chase any or all of you for the full amount.

This is different from having separate tenancy agreements for each room (though that's rare in student houses).

CRITICAL WARNING: If you rent a house with two other students and one of them gives two months' notice to leave, it ends the tenancy for ALL of you. If one housemate drops out or changes plans, everyone could be forced to move out mid-year. Talk to your housemates about this before signing and have a plan for what happens if someone wants to leave.

Get advice before signing

The rules around joint tenancies and periodic tenancies are complex. If you're unsure about how this affects you, or you're worried about the risks, contact us at SU Advice before signing a tenancy agreement.

This only applies if you live in an HMO - a house let to three or more students.

HMO landlords get special treatment through something called "Ground 4A". Ground 4A is a special eviction rule that only applies to student HMOs. It allows HMO landlords to evict you during the summer (1 June to 30 September) so they can rent the property to the next group of students. It's designed around the academic calendar, so landlords aren't left with empty houses over summer.

How it works

• The landlord must tell you when you sign the tenancy that they plan to use Ground 4A.

• They must give you four months' notice.

• To avoid having the property sit empty and losing rent, landlords may use Ground 4A to evict you in June, so they can welcome the next group of students as early as possible.

Important rule: If the landlord of a student house wants to use Ground 4A, you can't sign your tenancy agreement more than six months before you move in.

What this means for you

If you want to move in on 1 September, you can't sign your contract before 1 March. This stops landlords pressuring you to sign early in the year when you don't have enough information yet.

From 1 May 2026, landlords can only increase rent once per year during a tenancy and must follow a procedure, giving at least two months' notice. You can challenge any increase you think is too high at a Tribunal (a bit like a court where an independent person makes decisions about rent disputes).

Landlords can no longer use "rent review clauses" in contracts to push through increases during a tenancy. These were clauses that said rent would automatically go up by a certain amount.

Important limitation: Landlords can still increase rent between tenancies. So, if you move out and new tenants move in, the landlord can charge the new tenants more than they charged you.

From 1 May 2026, landlords offering assured tenancies can no longer demand more than one month’s rent in advance once a tenancy agreement has been entered into. This closes a common loophole that previously allowed landlords to require 3, 6, or even 12 months’ rent upfront - especially from students without UK guarantors.

What counts as ‘rent in advance’?

Rent in advance means any rent payment required after the tenancy agreement is signed, but before the rent is due under the standard monthly cycle. The law caps that to one month’s rent only.

Where to find the details

Because the effect of this rule depends on when you signed your tenancy – before or after the 1 May 2026 commencement date – we’ve included tailored explanations in each of the three transition scenarios below.

If you're unsure what this means for you, check which of the three timelines applies and read that section carefully.

From 1 May 2026, upfront rent payments will be strictly capped at one month's rent maximum. Previously, some landlords asked for 3, 6, or even 12 months' rent upfront.

The problem this creates

This will be a significant issue for students without access to a UK guarantor. A guarantor is someone (usually a parent or family member) who signs a legal agreement promising to pay your rent if you can't or won't.

Landlords often require guarantors for students because they don't have a regular income or much rental history.

Previously, international students and others without a UK guarantor could get around this requirement by paying large amounts of rent upfront. Now, that's not possible.

The guarantor usually needs to be UK-based, earn above a certain amount (often 2-3 times the annual rent), and be a homeowner. This creates problems for international students whose parents live abroad.

The solution

Students who need a guarantor can now use a guarantor insurance service. These services charge between 4% and 20% of the total rent, so costs vary significantly between providers.

Example: If your rent is £500/month for 12 months (£6,000 total), guarantor insurance could cost anywhere from £240 to £1,200 for the year. That's a big difference, so shop around!

Important rights

Be aware that letting agents may earn commission from guarantor services, which could influence their recommendations. While landlords can insist on you having a guarantor, they cannot insist you use a particular guarantor service. This means you need to shop around to find the best deal rather than simply accepting whatever service the letting agent suggests.

Need help with guarantor issues?

If you're struggling to find a guarantor or can't afford guarantor insurance, contact us at SU Advice. There may be alternative options or negotiation strategies.

From 1 May 2026, landlords and letting agents must publish an asking rent and cannot ask for, encourage, or accept offers above this price. If a property is advertised at £400/month, the landlord cannot accept your offer of £450/month even if you're desperate to secure the tenancy. Everyone must compete on equal terms at the advertised price.

Penalties

Civil penalties of up to £7,000 apply to landlords for initial breaches and up to £40,000 or criminal prosecution for continuing or repeated breaches.

What's changing

From 1 May 2026, you have the right to request permission to keep a pet once you've moved in and landlords cannot unreasonably refuse. You can challenge unfair decisions through the ombudsman or courts.

Important limitations

This only applies once you have moved in, not when you are applying for a property. Landlords can still reject applications from people with pets and can still advertise properties as "no pets". The government removed provisions that would have allowed landlords to require pet insurance to cover damage.

The Decent Homes Standard will apply to all private rented properties for the first time.

This is Phase 3 of the implementation and will not come into force until much later – the government consulted on implementing it in either 2035 or 2037, with the final timeline still to be confirmed. However, the government expects landlords to commence works earlier wherever feasible. To be "decent", a home must:

• Be free from the most serious health and safety hazards such as fall risks, fire risks, or carbon monoxide poisoning
• Not fall into disrepair
• Have adequate kitchens and bathrooms in the right locations
• Have decent noise insulation
• Have clean and useable facilities
• Be warm and dry (no more homes that are too cold in winter, too hot in summer, or damp and mouldy)

Getting your money back

Once in force (expected between 2035-2037), if your home doesn't meet the Decent Homes Standard for, say, six months and you've paid six months' rent while living in that property, you would be able to use the new ombudsman (explained below) to claim back your rent for that period.

Energy efficiency

The government has also consulted on requiring all privately rented properties to meet Minimum Energy Efficiency Standards of EPC C (or equivalent) by 2030 unless a valid exemption applies. Details will be set out in the government's response to consultation.

Awaab's Law extension

The Act will also extend Awaab's Law to the private rented sector, setting clear legally enforceable timeframes within which landlords must make homes safe where they contain serious hazards like mould. Implementation timescales will be subject to consultation.

A Private Rented Sector Landlord Ombudsman will be established to resolve disputes between landlords and tenants. All private landlords with assured or regulated tenancies must join by law.

Timeline

The government will choose a scheme administrator at least 12-18 months before implementation. Mandatory landlord sign-up to the ombudsman will not happen until 2028, when the Secretary of State is confident the service is ready. Landlords will be required to fund the service to be confirmed closer to launch.

What is this?

An ombudsman is a free, independent service that helps resolve complaints and disputes. Think of them as a referee between you and your landlord.

Unlike going to court (which is expensive and slow), using the ombudsman is free and relatively quick. The ombudsman can make binding decisions, which means landlords must legally do what they say - whether that's fixing something, apologising, or paying you compensation.

What you can do

Once the service is set up (expected 2028) you will be able to use the service for free to complain about a landlord's actions or behaviours. The service will offer fair, impartial, and binding resolution (meaning the landlord must do what they decide) and will have powers to compel landlords to:

• Issue an apology

• Provide information

• Take action to fix problems

• Pay you compensation

Concern for students

Since you're likely in properties for shorter periods and can be evicted over summer, there's a concern that student cases need to be dealt with faster by the ombudsman than other cases, but there's no guarantee this will happen.

Need help making a complaint?

Making a formal complaint to a landlord or an ombudsman can be complex. Contact us at SU Advice if you're considering making a complaint – our advisers can help you prepare your case and gather evidence.

All landlords must register their properties on a new Private Rented Sector Database. Registration will be mandatory for all private landlords, and they will be required to pay an annual fee (amount to be confirmed closer to launch). The database will increase transparency, helping you enforce your rights and seek action from councils or the ombudsman when necessary.

Timeline

Regional rollout of the database will begin from late 2026. The database will initially be available for landlords and local councils to register and input data. Public access to the database will be enabled following the launch of landlord registration.

Penalties

Landlords who fail to register will face civil penalties up to £7,000 for initial breaches and up to £40,000 or criminal prosecution for repeat or serious offences. Landlords who haven't registered cannot obtain possession orders (legally evict you) except in cases of anti-social behaviour.

What's changing

From 27 December 2025, local councils will receive new investigatory and enforcement powers before the main Phase 1 reforms come into force. These powers give councils a stronger ability to:

• Inspect properties
• Demand documents from landlords
• Access third-party data
• Crack down on rogue landlords and enforce housing standards more effectively

Financial penalties

Maximum civil penalties for certain housing offences will increase from £30,000 to £40,000 from 1 May 2026.

New penalties for serious hazards

New financial penalties for Category 1 Hazards (the most serious health and safety hazards) in private rented homes will come into force in Spring/Summer 2026.

What this means for you

Local councils will have stronger powers to act against landlords who fail to maintain safe properties, even before the main reforms come into effect in May 2026.

What happens

On 1 May 2026, your fixed-term contract disappears. If you signed a 12-month contract, that 12-month period no longer locks you in. Your tenancy carries on as a rolling month-to-month tenancy from that day. Clauses in your contract that make it fixed-term stop having effect.

Information from your landlord

If you already have a written tenancy agreement, your landlord doesn't need to issue a new one. Instead, they must provide you with a government-published 'Information Sheet' explaining the changes by 31 May 2026. This Information Sheet will be published by the government in March 2026.

If you have a verbal tenancy agreement (no written contract), your landlord must provide you with a written summary of the main terms by 31 May 2026.

Special rule for student houses (HMOs)

If your home is an HMO student let and the landlord wants to use the summer eviction rule (Ground 4A) in future, they get a one-month grace period after 1 May 2026 to give you written notice of this. To evict you, they can only do so between 1 June and 30 September and will have to give you four months' notice.

Joint tenancies

From 1 May, individuals in a joint tenancy will gain the right to bring it to an end if they tell the landlord giving the landlord two months’ notice. The landlord will then have the option to negotiate with the remaining tenants.

Rent in advance

If you paid several months’ rent in advance under a contract signed before 1 May 2026, the landlord does not have to refund any of that. However, once your tenancy converts to a monthly periodic tenancy on 1 May 2026, the landlord cannot ask you to pay more than one month’s rent in advance going forward. Any clause in your original contract requiring future advance payments of over one month’s rent is now unenforceable.

What this means for you

If you are living in an HMO and have a fixed-term contract, you now have the right to stay in the property until the end of August, as long as the landlord serves the notice on 1 May. You will also gain the right to exit the contract at the end of June if you tell the landlord you want to on 1 June.

What happens

If you've signed a tenancy but not moved in when 1 May 2026 arrives, your situation is treated as an existing tenancy. When you move in, the fixed end date will not lock you in. The agreement runs as a month-to-month tenancy.

Good news… the six-month limit on how far in advance a student tenancy can be signed does not apply for these agreements.

Joint tenancies

From 1 May, individuals in a joint tenancy will gain the right to bring the tenancy to an end if they give the landlord two months’ notice. The landlord will then have the option to negotiate with the remaining tenants.

Rent in advance

Because you signed before 1 May 2026, the new rent-in-advance cap doesn’t affect the agreement you’ve already entered - even though you haven't moved in yet. If your contract required several months’ rent upfront, the landlord can still enforce that. But once your tenancy begins and converts into a periodic tenancy (as it will automatically after 1 May), the landlord cannot ask for any further rent in advance beyond one month at a time.

Everything else

All the rules from Scenario 1 above apply to you once you move in. If you are living in an HMO and have a fixed-term contract, its fixed-term nature disappears. If the landlord writes to you and says they intend to use “Ground 4A”, the landlord will have to give you four months’ notice to evict you between June and September. You will also gain the right to exit the contract if you give them two months’ notice.

What happens

Everything you sign on or after 1 May 2026 has to be a new, monthly "periodic" tenancy. There are no fixed terms - the runs month-to-month from the start. Your landlord will need to provide you with certain information about the tenancy in writing. This should be through a written tenancy agreement.

For student HMO lettings

The summer eviction rule (Ground 4A) applies on the normal terms:

• The landlord must provide a written statement before you sign the tenancy saying it's a student let and they intend to re-let to students.
• They can't make you sign more than six months before the tenancy starts (if you're moving in September, you can't sign the tenancy before March).
• Any future eviction claim using Ground 4A must be timed so the notice falls between 1 June and 30 September.

Rent in advance

For all new tenancy agreements signed on or after 1 May 2026, the law now caps rent in advance to a maximum of one month’s rent once the tenancy is entered. Landlords or agents cannot legally require larger upfront payments – even if you don’t have a UK guarantor. Any attempt to demand 3, 6, or even 12 months’ rent in advance would break the law.

Confused about how the transition affects you?

The transitional rules are complex and depend on your specific timing. If you're unsure whether your existing tenancy or planned tenancy is affected, or what the commencement date means for you, seek advice by contacting us at SU Advice.

Purpose-built student accommodation (PBSA) are buildings specifically designed and built to house students - think modern blocks of student flats or halls of residence run by private companies.

PBSA is different from renting a normal house or flat. You typically get an en-suite bedroom in a shared flat with a communal kitchen, or a studio apartment, and the building has features like study spaces, gyms, and on-site management.

The codes are accreditation schemes for large student buildings. Think of them as quality marks that show the building meets certain standards.

The ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Not Managed and Controlled by Educational Establishments is a regulatory framework for purpose-built student accommodation operated by private providers rather than universities. The code was approved in 2022 and is currently undergoing an interim review. It applies to buildings with at least 15 bed spaces.

How to find out if this applies to you

Check the members directory or your landlord's letting and marketing materials, which must state if they are signed up to the code.

Your rights living in purpose-built student accommodation

Properties in codes are already subject to rules and have their own complaints procedures. If your accommodation is in one of these codes, many of the Act's new protections will not apply to you - these buildings are exempt from standard tenancy law and operate under different agreements called "licence agreements" rather than "assured tenancies".

Important: While most of the Renters' Rights Act doesn't apply to PBSA covered by approved codes, some provisions like Awaab's Law (setting timeframes for fixing serious hazards) will eventually apply to all rented accommodation, including PBSA. Implementation timescales for Awaab's Law are yet to be confirmed following consultation.

If your accommodation is in this code:

• The Renters' Rights Act does not apply to you.
• You have a licence agreement rather than a tenancy.
• Your accommodation is governed by the Protection from Eviction Act 1977.
• Your landlord can continue to offer fixed-term agreements linked to the academic year.
• You will not benefit from the rent in advance cap, meaning landlords can still require large upfront payments.
• You will not have access to the new ombudsman or the landlord database.
• The Section 21 abolition does not apply as you do not have an assured tenancy.
• Unlike students in university-managed accommodation, you cannot take complaints to the Office of the Independent Adjudicator.

You have protections under the code itself:

• Your landlord must meet standards for health and safety, management, repairs, equality and inclusion, and complaints handling.
• The code includes protections if your building is not ready on time, including requirements that no rent can be charged until accommodation is fit for occupation and that you receive compensation for any additional costs.
• Your landlord cannot charge more for adapted rooms for disabled students than comparable standard rooms in their portfolio for that local authority area.
• All repairs and maintenance must be carried out within agreed timescales.
• Your deposit must be protected in a government scheme.
• Your occupancy agreement cannot contain unfair terms and must comply with the Tenant Fees Act 2019.

If you have a complaint about a breach of the code, you can complain directly to the Code's secretariat at Unipol Student Homes, and there is an independent tribunal process if complaints are not resolved. The code requires providers to actively publicise their complaints process and provide monthly updates on complaints not resolved within three months.

Problems with private student accommodation?

If you're in private purpose-built accommodation and having issues with your landlord or the code's complaint process, get advice. Unlike university accommodation, you can't use the OIA, but advisers can help you navigate the code's procedures.

SU Advice can assist you in raising a complaint and explaining the options available to you to challenge your landlord.

The code is currently undergoing revisions that are expected to come into effect when the Renters' Rights Act becomes operational. Proposed changes include:

• A right to end your agreement with four weeks' notice if you are not accepted into your institution, withdraw, or suspend your studies due to ill-health, provided you give evidence at the time of giving notice.
• New provisions for dealing with the death of an occupant, ending rental obligations on the date of death.

These changes are still in draft form and have not yet been approved by Government.