House hunting can be a stressful and exciting exercise so Unipol want you to be as prepared as possible for the upcoming house hunting season.
With the implementation of the Renters' Rights Act it is important for you to know your rights and understand what you may encounter from landlords and managing agents during the upcoming letting season.
When do students typically start looking for their accommodation for next academic year?
Typically students tend to look early. This can be a personal decision, peer driven, market driven (shortage of studet accommodation) or sometimes landlord driven but it would not be unusual for students to start looking in October or November to start a tenancy from the following July, August or September.
Isn't this very early?
Yes, it is early but due to the combination of factors above it is the reality for many students. This can lead to rushed decision-making and students renting properties with other students that they have only known for a short time. That said, for many students this works out fine but some students have found themselves commiting to something they later change their mind about. You should always talk to the group and the landlord as early as possible if you have changed your mind.
Getting hold of the right information early helps you make better decisions. Check out our advice pages on house hunting.
How will the Renters’ Rights Act affect how students secure a property for the next academic year?
The Government’s objective is to stop landlords pressuring students to make a commitment too early, before they have had a proper chance to get to know potential housemates or get more information on their housing options.
To do this the Goverment added a restriction on landlords who rent out student houses of 3 beds or more (known as HMOs).
What is this restriction and what does this mean for students?
Most students who want to rent a traditional student house will be signing an Assured Periodic Tenancy Agreement. This gives students enhanced rights when renting and restricts how landlords can get their property back. However, the goverment acknowledged that it was important that student landlords could confidently rent to future students in the knowledge that current tenants would move out on a particular date. So, a new possession ground was introduced with the Renters' Rights Act called Ground 4A. The restriction on its use means that future tenants cannot sign a tenancy more than 6 months before their right to occupy the property. An example of this would mean any tenancies starting on 1st July could not be signed before 1st January (if they wanted to rely on Ground 4A in the future).
This does not make signing-up early illegal – it just means that if the landlord completes the signing process with you outside the 6 month window they won’t be able to require you to leave between June and September the following year.
Does this mean students won't start house hunting until January?
In reality, many landlords and managing agents will still be marketing properties to students in October and November but will most likely offer students the opportunity to reserve a property through a pre-tenancy agreement such as a holding deposit. Students and landlords would then complete the tenancy agreement later, within the 6 month period before moving-in date.
Some landlords may decide to delay advertising their properties early, particularly in areas of accommodation shortage.
I am a continuing student and want to stay in the same property. What do I need to do?
Your landlord will likely have contacted you in early October to check what your plans are for next academic year. You will likely have had an Assured Shorthold Tenancy (AST) agreement that became an Assured Periodic Tenancy (APT) agreement on 1st May with the implementation of the Renters' Rights Act. Find out more about your new rights HERE.
If you want to stay in the same property let your landlord know as soon as possible.
If you are in a property with 3 beds or more, Your landlord may have already served you with a Ground 4A notice by using a Form 3A, to let you know that they will want their property back on a particular day between 1 June and 30 September. This will be because they intend to rent it to full time students. If you've received a Form 3A you can find out more CLICK HERE.
Your landlord will likely want to know that all of you intend to stay for next academic year or that you have a replacement for anyone who wants to move out after this academic year. Don't worry, just talk to your landlord and explain your situation.
Your landlord will likely ask you to sign a new Assured Periodic Tenancy Agreement but this process will not be completed until you are within 6-months of the new start date. To reserve the property you may be asked to sign a holding deposit agreement. See below for more information. If the rent has increased you can still challenge this once your new tenancy has started and you have 6 months to do this. Find out more on rent increases HERE
Your landlord may not ask you to sign a new tenancy agreement but may want to increase the rent, they can only do this after you have been in the property for one year. They need to notify you of this intention using a formal procedure. Find out more HERE
If you are in a property with 1 or 2 beds, your landlord does not have the ability to serve a Ground 4A notice. You can stay in the property as long as you wish and do not need to sign a new contract. Once you know the date you definitely intend to move out you can serve a notice to quit. This needs to be a minimum of two months before the date you want to leave. The landlord will then start advertising the property for future tenants.
I'm a continuing student but want to look for another property, what should I expect?
Just let your landlord know that you don't intend to stay. If you are in a property with three beds or more they will serve you with a Ground 4A notice at some point which helps both them and you understand a future end date to the contract. They should have served you with a warning notice of this intention.
If you are in a one or two bed property your landlord may ask you to give them notice as soon as you know the date you wish to leave. It's important to do this once you are sure of your plans. If oyu give your notice a long time in advance and then change your mind you will only be able to withdraw the notice if your landlord agrees.
What is a holding deposit?
A holding deposit is a small, upfront payment (capped at one week’s rent) you pay to reserve a property before signing the tenancy agreement. Although normally this period would be a maximum of 15 days, most landlords will ask you to agree in writing for them to extend this time (to bring within 6 months of the moving-in date). In most cases this is refundable and if not, the landlord must inform you why not. Often landlords apply it to the first month’s rent but this needs to be agreed with you.
There are strict rules around the use of holding deposits in the Tenant Fees Act 2019. Always get advice before paying money, and always get a receipt if you pay cash.
I've paid a holding deposit, can my landlord continue advertising the property?
No, under the Tenant Fees Act 2019 (which applies in England), a landlord cannot accept more than one holding deposit for the same property at the same time. Once you pay and have a holding deposit accepted, the property is legally treated as reserved. The landlord must take the listing down or pause marketing and stop considering other applicants during your agreed holding deposit period.
What happens if I want to rent a one or two bed property?
Renting smaller properties can be a popular choice for students. With the introduction of the Renters' Rights Act the number of these properties available for students is predicted to fall as landlords are now unable to determine when a property will become available until the tenant serves notice. Therefore the liklihood is that properties will be advertised across the letting season rather than just at the beginning. It is a good idea to register your interest with different landlords and agents so they can let you know about available properties.
You will most likely be signing an Assured Periodic Tenancy agreement and this means it won't have a fixed end date. Once started, your tenancy will run on a month-to-month basis. Your tenancy will carry on until you (with new rights) or the landlord (with more restrictions) ends it. The possesion Ground 4A will not be available to your landlord.
What about Rent Increases? How often can my landlord increase my rent?
To increase your rent during your tenancy, your landlord will need to serve the correct form called a Section 13 and can only do this once per year. The rent increase should reflect the market rent for that area.
Your landlord will need to give you at least two months' written notice of their intention.
You will be able to object to the rent increase via a tribunal. This would need to be on the basis that you are challenging the increase as being above the market rent of similar properties in your area. You could try negotiating with your landlord first before taking this option.
The tribunal can set a lower rent if they agree the increase is too much. If you challenge the increase, the new rent will not take effect until the Tribunal has made its decision.
I'm starting a new tenancy from 1st July 2027, the rent has increased from what I'm currently paying, can I still challenge the increase?
Yes, if you are a private tenant starting a brand-new tenancy, you have a legal right to challenge your initial starting rent
You can apply to the First-tier Tribunal (Property Chamber) within the first 6 months of moving in if you believe the rent you agreed to is significantly higher than the local open-market rate for similar properties
What about renting a room or studio in a purpose built student accommodation (PBSA) building?
If you want to book a room for next academic year in a PBSA or through your university these will likely be advertised from October or November onwards. Suppliers of this type of accommodation will normally be exempt from the vast majority of the Renters' Rights Act legislation and will still be operating fixed term agreements either through a Common Law Tenancy agreement or a Licence Agreement. PBSA suppliers can get an exemption by being accredited under the National Code.
To check who is a member and how the National Code Exemption works please visit the National Code Website.
Tenant rights are different under a Common Law Tenancy Agreement. You are advised to read the Student FAQs to find out more.
Other Resources
The Government has issued student guidance on renting - Read Guidance