Different types of accommodation now come with very different rights, so take time to understand your options and what you're committing to
For years, students have felt pressure to secure housing almost as soon as they arrive at university. Every year students hear things like:
"There won't be anything left."
"Everybody is already signing."
"This is the last good house."
This year, there may be less reason than ever to rush. Many landlords can no longer secure the legal protections they want if students sign too early, meaning the traditional autumn house-hunting rush may not work in the same way as it has in previous years.
The Renters' Rights Act has changed how and when some properties can be let, and this will likely lead to changes in when they are advertised and when you can sign up. You may see more of certain types of properties, or some may be advertised months before you can actually sign a tenancy agreement. You will be choosing between different types of accommodation that come with very different rights, so take some time to understand your options and what you're committing to.
Take your time
If someone is pushing you to make a decision quickly, that's usually a sign to slow down rather than speed up. If you're unsure about a tenancy, holding deposit or accommodation contract, contact ASK before committing to anything.
Consider:
- What type of tenancy will I have?
- What rights will I have under that agreement?
- When will I actually be signing a tenancy?
- Is the payment a holding deposit or something else?
- Under what circumstances could I lose the deposit?
- Am I certain I'll still want the property in several months' time?
Not all student accommodation works the same way
One of the most important things to understand is that your rights depend on the type of accommodation you rent. Visit our rights checker for more information on how the different tenancies are ended.
👥 Shared student houses (3+ bedroom HMOs)
Most students renting a traditional student house will be signing an Assured Periodic Tenancy.
Landlords can only use the special student eviction ground (Ground 4A) if the tenancy is signed within six months of the move-in date. This means many landlords who want the certainty of regaining possession between academic years may not ask you to sign until around January for a July move-in date.
Some landlords may delay advertising their properties until after Christmas. Alternatively, you may still see some advertised much earlier, asking you to reserve the property early and delay actually signing up - see our Holding Deposit section below.
🏡One or two-bedroom houses and flats
Smaller properties are likely to operate differently.
Landlords cannot rely on the student eviction ground for these smaller student lets. As a result, some landlords may wait until they know a property will definitely become available before advertising it.
This means that, unlike previous years, suitable properties may appear throughout the academic year rather than all at once during the autumn term.
If you're looking for a smaller property, don't panic if there's less available early in the cycle.
🏢 Purpose-Built Student Accommodation (PBSA)
Private halls and other PBSA providers are exempt from the Renters' Rights Act changes as long as they are members of the ANUK/Unipol Accommodation Code. They are called 'common law tenancies' and can continue to offer fixed-term agreements so do not need to use the student eviction grounds to end the tenancy.
This means you may see more marketing and earlier sign-up opportunities from PBSA providers while many traditional student houses are still waiting for the six-month sign-up window.
The fixed term also means that, unlike their peers in student houses, students in a PBSA will not be able to end their tenancy before the fixed end date, except in specific circumstances explained in your contract.
Joint Tenancies
Many student houses are let on a joint tenancy, where everyone signs the same agreement and shares responsibility for the rent and other tenancy obligations. This means that if one of you doesn't pay rent, the landlord can pursue any one of you for the money.
One important thing to understand is that under the new tenancy system, if one tenant serves notice to end a periodic joint tenancy, that notice will end the tenancy for all joint tenants, not just the person who wants to leave.
Before agreeing to a joint tenancy, make sure you discuss:
- Whether everyone intends to stay for the same length of time.
- What would happen if someone wanted to leave early.
- How rent would be covered if a housemate moved out unexpectedly.
- Whether there is a plan for replacing tenants if circumstances change.
Why am I being asked to pay a holding deposit?
Many landlords and agents are expected to use holding deposits to reserve properties before students can formally sign a tenancy agreement.
A holding deposit is a payment that reserves a property while tenancy arrangements are being completed. It is capped at one week's rent and is often deducted from your first rent payment if the tenancy goes ahead. A landlord or agent should stop advertising a property once a holding deposit has been paid, and they are not permitted to take multiple holding deposits for the same property.
This means you could be asked to reserve a property in October or November, but not actually sign a tenancy agreement until January or later.
Landlords will usually have 15 days to enter into a tenancy agreement with you once a holding deposit has been received by the landlord or agent. However, the law allows both parties to agree a different deadline in writing.
HMO landlords (3 bedrooms or more) will want to make sure tenancy agreements are signed within the six-month window needed to use the student eviction ground (Ground 4A), so you may be asked to pay a holding deposit several months before you can actually sign the tenancy agreement.
For example, you might reserve a property in October or November for a July move-in date. In that situation, the landlord may ask you to sign a written agreement extending the normal deadline, allowing them to hold the property for you until the tenancy can be formally signed later in the year.
Be cautious if you are asked to sign a reservation agreement, pre-let agreement or similar document before signing a tenancy. These arrangements are still relatively new and it may not always be clear what rights and obligations they create.
In addition, the longer the period between paying a holding deposit and signing a tenancy agreement, the more likely it is that circumstances could change. You will likely lose your deposit if you change your mind.
Before agreeing to an extended holding deposit period, ask:
- How long will the property be reserved for?
- When am I expected to sign the tenancy agreement?
- Under what circumstances could I lose my holding deposit?
- What happens if someone in my group decides not to proceed?
- Will the holding deposit be deducted from my rent or tenancy deposit?
- If the property is currently occupied, have the current tenants confirmed they are leaving and what happens if the property ultimately cannot be made available.
What Can I Be Asked to Do?
If you are renting a shared house or living alone in a house/flat, you can be asked to:
- Pay a holding deposit of up to one week's rent to reserve a property.
- Sign a written agreement extending the normal holding deposit deadline if both you and the landlord agree to reserve the property for a longer period.
- Pay a security deposit of up to five weeks' rent.
- Provide information needed to assess your application, such as proof of identity, student status or contact details.
- Provide a guarantor if the landlord requires one.
- Pay up to one month's rent after the contract has been entered into.
You should not be asked to:
- Pay more than one week's rent as a holding deposit.
- Pay rent before signing a tenancy agreement.
- Take part in a bidding war above the advertised rent.
- Pay for a particular guarantor company chosen by the landlord.
- Pay multiple holding deposits for the same property.
- Be charged administration, reference-checking or other prohibited fees.
Sign a 'Notice to Quit' at the same time as your tenancy agreement, intended to have the effect of serving your notice to end the tenancy on a particular date. This approach used to be banned. Under the new rules, it is untested and not advisable.
Still not sure?
The Renters' Rights Act has changed the way student housing works, and many landlords and agents are still adapting. If you're being asked to pay money, sign documents or commit to accommodation and you're unsure what it means, contact ASK before agreeing.