Student tenancy agreements in 2026: what's different under the Renters' Rights Act
A student tenancy agreement in 2026 needs to reflect more than most landlords realise. The Renters' Rights Act abolished fixed-term tenancies for almost every letting in England from 1 May 2026, and student HMOs - which rely on turning a house over cleanly each summer - looked set to lose their route back to vacant possession. The Act's fix is a possession ground built for student housing: Ground 4A. This guide covers what changed, HMO licensing, the council tax student exemption, and guarantor practice.
What changed on 1 May 2026 - and what didn't
You can no longer grant a fixed-term tenancy to a student, any more than to anyone else. Every new letting becomes an assured periodic tenancy from day one, and a tenant can give two months' notice at any point - see our guide to periodic tenancies and fixed terms. Unchanged: the definition of an HMO, the licensing regime over it, and the basics of referencing and guarantors. Purpose-built student accommodation run by a code-registered provider was exempted from the periodic tenancy regime by regulations from March 2026, but that is built for large developments, not an ordinary shared house - which is what the rest of this guide covers.
Ground 4A: getting a student house back for the new academic year
Ground 4A is a mandatory possession ground added to Schedule 2 of the Housing Act 1988, cited on the standard Section 8 notice, Form 3A. It lets a landlord swap one group of student tenants for another in time for the new academic year, provided every condition below is met.
| Condition | What it requires |
|---|---|
| Property type | Must be an HMO - at least 3 tenants, at least 2 forming separate households, sharing facilities |
| Tenants | Every tenant must meet the "student test" - full-time on a recognised course when the tenancy starts, or due to become so |
| Timing of possession | Must fall between 1 June and 30 September |
| Notice period | 4 months normally; a transitional 2 months applied only to notices served 1 May-31 July 2026 on tenancies signed before 1 May 2026 |
| Advance signing limit | Tenancy must not be signed more than 6 months before the tenant is entitled to move in |
| Prior notice | Landlord must tell tenants in writing, before the tenancy starts, that Ground 4A may be used |
A property let to only one or two students doesn't meet the HMO threshold, so Ground 4A isn't available. Plan around your tenants' course dates and get a clear written steer on their leaving plans ahead of the next intake.
HMO licensing for a student house
A shared student house meeting the 3-tenant, 2-household HMO definition is checked against council licensing rules the same way any other shared house is - the Act didn't change the thresholds. Five or more student tenants forming two or more households triggers mandatory licensing everywhere in England, and many university towns run additional licensing catching smaller three and four-tenant houses too. Our guide to HMO licensing in 2026 covers the room sizes and the risks of letting one unlicensed.
Council tax: the full-time student exemption
A property occupied only by full-time students - on a course lasting at least a year with at least 21 hours of study a week - is exempt from council tax entirely, not just discounted. The exemption isn't automatic: someone in the household has to apply, usually with a certificate the institution provides. The complication is a mixed household - if even one occupant isn't a full-time student, the property loses the exemption and becomes liable, though a discount may still apply. Tell incoming groups clearly, in writing, that the exemption depends on every named tenant remaining a full-time student.
Guarantors: still the default for student lets
Most students have no income history, no UK credit file and no landlord reference, so a guarantor remains standard for a student letting. What changed under the Act is how long the guarantee keeps working: tenancies are now periodic with no end date, so a guarantee that only mentions the original rent, or isn't drafted to survive a Section 13 increase, can quietly stop covering anything within a year or two. Our guide to guarantor agreements covers wording one to last the tenancy.
Setting up a student letting for the new academic year?
Our Tenancy Agreement Pack builds a compliant assured periodic tenancy agreement from your answers, with a Ground 4A prior notice built in as a schedule, plus a guarantor request letter and landlord handbook - delivered instantly as PDF and Word. One-off.
Get my tenancy agreement pack →Timing your academic-year letting cycle
The safest sequence when relying on Ground 4A: agree the tenancy no more than six months before move-in, serve the written Ground 4A notice before it's signed, keep a dated record, and calendar the four-month countdown so a Form 3A notice lands the vacate date inside the 1 June to 30 September window. Starting at exam season leaves no room for a contested case.
Frequently asked questions
Can I still offer a fixed-term tenancy to a student? No, not for an ordinary shared house - every letting became periodic on 1 May 2026. The exception is purpose-built student accommodation run by a code-registered provider, exempted by regulations from March 2026.
What is Ground 4A? Ground 4A is a mandatory ground letting a landlord regain a student HMO between 1 June and 30 September to relet to new full-time students, provided the prior notice, timing and notice-period conditions in Schedule 2 to the Housing Act 1988 are met.
Does Ground 4A apply to a 2-bedroom flat let to two students? No. Ground 4A only applies to a property meeting the HMO definition - at least three tenants forming at least two households. A smaller letting has no equivalent ground.
Do I need to charge council tax on a student house? No, if every occupant is a full-time student the property is exempt from council tax, though the exemption needs applying for. If even one occupant isn't a full-time student, the household becomes liable, possibly with a discount.
This guide is general information for landlords in England, not legal advice for your specific circumstances. Check GOV.UK and your local council's licensing pages before relying on Ground 4A or any council tax exemption.