Student housing rights

Student housing includes:

• university owned halls of residence

• privately owned purpose built student accommodation (PBSA)

• tenancies with a private landlord, such as a shared student house

The type of accommodation students live in affects their rights. For example, their rights to occupy, defend eviction, enforce repairs, challenge rent increases and more.

Codes of practice for student housing

Some types of student housing have a code of practice or a code of standards.

There are two codes for university owned halls of residence:

• the ANUK/Unipol Code of Standards for Larger Residential Developments

• the UUK/Guild HE Accommodation Code of Practice

The code of standards for purpose built student accommodation (PBSA) is the ANUK/Unipol Code of Standards for Larger Developments.

University owned halls of residence is accommodation provided by specified education institutions, including:[1]

• any university, university college, school or other university institution

• any other institution which provides further or higher education

Security of tenure in halls of residence

A student in halls of residence has basic protection from eviction.[2]

A student in university or college owned halls of residence cannot be an assured tenant.

Find out more about basic protection and tenancies that cannot be assured.

How a student can be evicted from halls of residence

An occupier with basic protection can be required to leave with a court order. The landlord does not need to serve notice with grounds on the student, such as a section 8 notice.

Most halls of residence have fixed term agreements for the academic year. A student in halls of residence can be evicted at the end of their fixed term if they do not leave. The landlord must apply for a court order but does not need to give notice.

A student in halls of residence could be evicted if they breach the terms of their agreement. For example, terms relating to rent payments or antisocial behaviour. The agreement might allow the landlord to serve notice to evict the student during the fixed term.

If a student in halls of residence has a periodic, or rolling agreement, the landlord can serve a notice to quit to end the agreement. If the student does not leave after the notice expires, the landlord can apply for a court order.

Find out more about possession of basic protection tenancies.

How a student can end an agreement in halls of residence

A student in halls of residence normally has a fixed term agreement for the academic year. An agreement for halls of residence might allow the student to end their agreement early. For example, by using a break clause. The student should ensure that they meet the specific requirements of any break clause.

The student remains liable for rent payments and other obligations under the agreement until it is formally ended.

Repairs in halls of residence

A student in halls of residence should check their agreement to confirm the contractual requirements their landlord must follow to respond to different disrepair problems.

The ANUK/Unipol Code of Standards for Larger Residential Developments sets out the timescales landlords are expected to meet for different repairs.[3]

Fire and carbon monoxide alarms in halls of residence

Halls of residence must have fire alarms on every floor and carbon monoxide alarms where there are gas appliances.[4]

Complaints about halls of residence

A student in halls of residence can complain to their landlord if they do not comply with the Code of Standards.

There are two codes for university owned halls of residence. Read the ANUK/Unipol Code of Standards for Larger Residential Developments and the UUK/Guild HE Accommodation Code of Practice.

If the landlord does not deal with the complaint, the student can escalate their complaint. For example, to the Office of the Independent Adjudicator.

Purpose built student accommodation (PBSA) is accommodation which is specifically built to accommodate students. For example, a privately owned block of flats which accommodates only students.

A PBSA tenancy has different rules to other private student tenancies where it is granted on or after 1 May 2026 and:[5]

• let to a person who is pursuing or intends to pursue a course of study provided by a specified educational institution

• let by a landlord or person acting on the landlord's behalf who is a member of a specified code of practice

This could include university owned accommodation if it is managed by another party who is a member of the code of practice.

Code of Standards for Larger Developments

The ANUK/Unipol Code of Standards for Larger Developments applies from 1 May 2026 to PBSA which meets certain requirements. A larger development is where more than 15 students occupy one building.

Read the ANUK/Unipol Code of Standards for Larger Developments.

Check the list of National Code members to see if a provider is signed up.

Security of tenure in PBSA on or after 1 May 2026

A student in PBSA granted on or after 1 May 2026 has basic protection from eviction. A tenancy in PBSA might be referred to as a 'common law tenancy'.

Find out more about possession of basic protection tenancies.

A student in PBSA cannot be an assured tenant if the tenancy is granted:[6]

• on or after 1 May 2026

• by a specified accommodation provider who is a member of the Code

Find our more about tenancies that cannot be assured.

How a tenant in PBSA can be evicted

A student in PBSA has basic protection from eviction. They can only be evicted by court bailiffs enforcing a court order. The landlord does not need to serve notice with grounds, such as a section 8 notice.

Most PBSA residents have fixed term agreements for the academic year. A tenant in PBSA can be evicted at the end of their fixed term if they do not leave. The landlord must apply for a court order but does not need to give notice.

The agreement might allow the landlord to serve notice to evict the tenant during the fixed term without fault.

A tenant in PBSA could also be evicted during their fixed term if they breach the terms of their agreement. For example, terms relating to rent payments or antisocial behaviour. A forfeiture clause might allow the landlord to serve notice if the tenant breaches the contract. If the tenant does not leave when the notice expires, the landlord can apply for forfeiture.[7] The landlord can apply for a court order to re-enter the property.

If a tenant in PBSA has a periodic, or rolling agreement, the landlord can serve a notice to quit to end the agreement. If the tenant does not leave after the notice expires, the landlord can apply for a court order.

Find out more about possession of basic protection tenancies.

How a tenant can end an agreement in PBSA

Under the ANUK/Unipol Code of Standards for Larger Developments, providers must allow tenants to give notice to end their agreement if they have either:[8]

• withdrawn from their course

• been excluded or refused admission to their course

• been absent from their course for more than 60 days due to illness and agreed to suspend their studies

The tenant must give at least four weeks' notice.

Rights in PBSA

A PBSA landlord must comply with the rules on tenant fees.[9] Find out more about tenancy fees.

A PBSA tenant has rights under the ANUK/Unipol Code of Standards for Larger Developments. For example, the Code states that PBSA landlords must comply with tenancy deposit protection requirements.[10]

Some rules for private assured tenants do not apply to tenants in PBSA, including the rules for assured tenants on:

• limitations on rent in advance

• limits on payments before tenancy is entered into

• the right to ask for permission to keep a pet

• information the landlord must provide to the tenant

Repairs in PBSA

A student should check their agreement to confirm the contractual requirements their landlord must follow for disrepair problems. The ANUK/Unipol Code of Standards for Larger Developments sets out the timescales landlords are expected to meet for different repairs.[11]

A PBSA tenant has the same disrepair rights as other tenants. For example, rights under section 11 or the fitness for human habitation rules.

Find out more about disrepair and safety responsibilities.

Fire and carbon monoxide alarms in PBSA

PBSA buildings must have fire alarms on every floor and carbon monoxide alarms where there are gas appliances.[12]

How tenants in PBSA can enforce their rights

A PBSA tenant can complain to their landlord if they do not comply with the Code. Read the ANUK/Unipol Code of Standards for Larger Developments.

If the landlord does not deal with the complaint, the PBSA tenant can escalate their complaint to the Unipol Code Complaints Investigator. Find out more at National Code for Students - Complaints.

Purpose built student accommodation (PBSA) refers to accommodation which is specifically built to accommodate students. For example, a privately owned block of flats which accommodates only students.

The rules for PBSA where the tenancy was granted before 1 May 2026 are different from tenancies granted after this date.

Security of tenure in PBSA granted before 1 May 2026

A PBSA tenancy was normally an assured shorthold tenancy before 1 May 2026.

An existing assured shorthold tenancy became an assured tenancy on 1 May 2026 unless the landlord had served a valid section 8 or section 21 notice before 1 this date. If the landlord started possession proceedings by 31 July 2026, the tenant remains an assured shorthold tenant until possession proceedings are concluded.

Existing tenancies on 1 May 2026

An existing tenancy means a tenancy granted before 1 May 2026.[13] This can include a tenancy granted before 1 May where occupation was not taken until later. In this situation the tenancy became an assured tenancy on 1 May 2026.

Find out more about assured tenancies.

In some cases, the landlord and tenant might have entered into an agreement to grant a tenancy before 1 May, but not granted the tenancy itself. For example, if the agreement was conditional on the tenant getting a place at university. In this situation, the tenancy was granted on or after 1 May 2026. A PBSA tenancy granted after 1 May 2026 has basic protection from eviction and is known as a common law tenancy.

Find out more about occupiers with basic protection.

How a tenant in PBSA can end their tenancy

A tenant in PBSA which started before 1 May 2026 has an assured tenancy.

The tenant can give notice by serving a valid notice to quit. The tenant must give a minimum of two months' notice if the tenancy is an assured tenancy.

Find out more about how a tenant ends an assured or assured shorthold tenancy.

How a tenant in PBSA can be evicted

A tenant in PBSA which started before 1 May 2026 has an assured tenancy. A landlord can use ground 4 or 4A to end a student tenancy.

Find out more about assured tenancy grounds on or after 1 May 2026.

The tenancy might still be an assured shorthold tenancy if the landlord served the tenant with a valid section 21 notice before 1 May 2026. Find out more about the section 21 possession process.

Repairs in PBSA

A PBSA tenant who has a tenancy which started before 1 May 2026 has the same disrepair rights as other private tenants. For example, rights under section 11 or the fitness for human habitation rules.

Find out more about disrepair and safety responsibilities.

Rights in PBSA

A PBSA tenant with an assured tenancy has the same rights as other assured tenants.

Find out more about rights for assured tenancies.

A private assured tenancy is a tenancy with a private landlord who is not an educational institution or purpose built student accommodation (PBSA) provider.

For example, a shared student house or purpose built student accommodation which is not registered with the ANUK/Unipol Code of Standards for Larger Developments.

Find out more about assured tenancies and tenancies that cannot be assured.

Security of tenure in private tenancies which started before 1 May 2026

A private tenancy was normally an assured shorthold tenancy before 1 May 2026.

An existing assured shorthold tenancy became an assured tenancy on 1 May 2026 unless the landlord had served a valid section 8 or section 21 notice before this date. If the landlord started possession proceedings by 31 July 2026, the tenant remains an assured shorthold tenant until possession proceedings are concluded.

Existing tenancies on 1 May 2026

An existing tenancy means a tenancy granted before 1 May 2026.[14] This can include a tenancy granted before 1 May where occupation was not taken until later. In this situation the tenancy became an assured tenancy on 1 May 2026.

Find out more about assured tenancies.

How a private assured student tenant can be evicted

A landlord can only end a private assured tenancy by serving a valid section 8 notice, with grounds. Some grounds are specific to students, including ground 4 and ground 4A.

Find out more about section 8 notices.

How a private assured student tenant can end their tenancy

A private assured tenancy is a periodic, or rolling, tenancy.

A tenant in a private assured tenancy can end their tenancy by serving a valid notice to quit.

Find out more about how a tenant ends an assured or assured shorthold tenancy.

Giving notice to end a joint tenancy

A joint tenant can end a joint tenancy for all parties by serving a valid notice to quit.

For example, one student tenant could serve a valid notice to quit during the academic year which ends the tenancy for all other tenants. When the notice to quit expires, the tenancy ends for all parties and the tenants no longer have the right to remain.

The other tenants could ask the landlord to grant a new tenancy to the remaining tenants and a new tenant.

Find out more about joint tenancies and a tenant's notice to end an assured tenancy.

Rights in private student tenancies

A student tenancy for private rented accommodation is an assured tenancy. This means the tenants have the same rights as other assured tenants.

The landlord must provide an assured tenant with a statement of terms with key information about the tenancy.

Find out more about rights for assured tenancies.

Repairs in private student tenancies

A private student tenant has the same rights to repair as other private tenants. For example, a private tenant has rights under section 11 and the rules on fitness for human habitation.

Find out more about disrepair and safety responsibilities.

Paying rent in private student tenancies

An assured tenant can be asked to pay rent either:[15]

• monthly

• every 4 weeks or less

Rent before the tenancy starts

An assured tenant can only be required to pay a maximum of one month or four weeks' rent in advance before the tenancy begins.[16] Any amount above this is a banned fee.

Find out more about tenancy fees.

Paying rent in instalments

The maximum rent period for a private assured tenancy is one month.[17]

A landlord of a private assured tenant cannot require the tenant to pay rent in advance before the rent period.[18] For example, to pay rent in six or 12 month instalments.

A tenant can choose to pay their rent in advance or in larger instalments if they want to. A student might prefer to pay rent in larger instalments, for instance for a term at a time.

A landlord might still be able to require a tenant to pay rent in advance before the rent period where the tenancy:

• was signed before 1 May 2026

• expressly requires rent to be paid in advance

A private landlord can seek possession of a private student assured tenancy by serving a section 8 notice using ground 4A.

Ground 4A can only be used where the tenancy is assured. For example, a private assured tenancy or a tenancy of purpose built student accommodation (PBSA) which was granted before 1 May 2026.

Requirements for ground 4A

The court must award possession on ground 4A where all requirements are met. The requirements are that the:[19]

• property is an HMO or in an HMO

• tenant meets the student test when the tenancy is entered into

• landlord gives the tenant prior notice that they will use ground 4A

• landlord intends to let the property to a student when the property is next let

Definition of a student

A tenant meets the 'student test' where they are a full-time student, or the landlord reasonably believes that the tenant would become a full-time student during the tenancy. Where there are two or more tenants, all tenants must meet the student test.

A full-time student means someone receiving education under a full-time course.[20]

Prior notice required for ground 4A

The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 4A.

Where the tenancy was already in existence on 1 May 2026, the landlord must have given a written statement to the tenant that they intend to use ground 4A. They must have given the tenant the written statement by 31 May 2026.[21]

Notice period for ground 4A

The minimum notice period for ground 4A is four months in most cases.[22]

The notice period for ground 4A is two months where that notice is both:[23]

• for a tenancy in existence before 1 May 2026

• served between 1 May 2026 and 30 July 2026

Timing of notice for ground 4A

The date given on the notice as the earliest date the landlord can apply to court must be between 1 June and 30 September.

When the tenancy was entered into

The tenant must have signed the tenancy agreement less than six months before they moved into the property.

The court can, if it considers it just and equitable to do so, disapply this requirement.[24] This requirement does not apply to tenancies already in existence before 1 May 2026.[25]

Purpose built student accommodation

Some requirements for ground 4A do not apply for tenants in purpose built student accommodation (PBSA) where the tenancy began before 1 May 2026.[26]

For PBSA tenancies which started before 1 May 2026:

• the property does not have to be an HMO

• the date on the notice from which the landlord can apply to court is not restricted to between June and September

• the tenant can have signed the tenancy agreement more than six months before they moved in

A landlord can seek possession of a private student tenancy by serving a notice using ground 4.

Ground 4 can only be used where the tenancy is an assured tenancy. For example, a private assured tenancy or a tenancy of purpose built student accommodation (PBSA) which started before 1 May 2026.

The court must order possession on ground 4 if during the 12 months before the start of the tenancy the accommodation was a student letting.[27]

Ground 4 might apply if the property is let to students by a university during term time and rented out to tenants during the holidays.

What is a student letting

A student letting is a tenancy granted by a specified educational institution, or another specified housing provider, to a student who is pursuing, or intends to pursue, a part time or full time course at the educational institution.[28]

The Secretary of State issued regulations to specify the educational institutions and housing providers.[29]

Prior notice required for ground 4

The landlord must give the tenant prior notice in writing that they might use ground 4 if the tenancy:[30]

• started on or after 1 May 2026

• existed before 1 May 2026 but was not made in writing

The landlord must do this as part of the statement of terms given to the tenant.[31]

Find out more about statements of terms for assured tenancies.

The court can still make an order using ground 4 if the landlord did not give prior notice, but the local authority can impose a financial penalty against the landlord.[32]

Where the tenancy arose by succession to a regulated tenancy, prior notice must have been given to the previous tenant.[33]

Notice period for ground 4

The minimum notice period for ground 4 is two weeks.[34]

Tenancies where ground 4 cannot be used

A landlord cannot gain possession on ground 4 where the tenancy is an assured agricultural occupancy and the agricultural worker condition is fulfilled.[35]