The National Code has published FAQs for students living in its exempted PBSA. To access this advice please click here
How do the changes affect students living in purpose-built student accommodation (PBSA)?
If you are a student living in, or intending to live in, PBSA rented from a university, college or registered social landlord, you will have a common law tenancy or licence to occupy and the changes introduced on 1st May 2026 will not directly affect you.
If you are already living in private-sector PBSA before 1st May 2026 and have an Assusred Shorthold Tenancy (AST), the changes will affect you in the same way as a student tenant living in an ‘off-street’ property. The only difference being that if your provider in part of the ANUK/Unipol Code they will be able to continue on the current payment arrangements AND have less restrictions on how to use a 4A possession notice. See Headline Changes for Students
What type of tenancy do you have?
1. If you've signed an Assured Shorthold Tenancy your tenancy will convert in to an Assured Periodic Tenancy on the 1st May 2026. You should receive information from your provider on what that will mean for you. Although many of the additional rights (such as the ability to give at least two months' notice) will be available to you there are some exceptions due to the special transitional arrangements for providers who are members of the ANUK/Unipol Code. See below for how to check if your provider is a member.
2. If you've signed a Common Law Tenancy , most of the new tenant rights under the Renters' Rights Act will not be available to you. Ask your provider for more information. It is always worth getting your contract checked if you signed your tenancy some time ago. Some tenancy agreements produced in the run up to the introduction of the new Act mat say they are Common Law but may not be drafted correctly and may instead be Assured Shorthold Tenancies that will convert to Assured Periodic Tenancies.
If your tenancy in a private-sector PBSA does not start until on or after 1st May 2026, read on.
Signing a tenancy agreement on or after 1st May 2026
If the PBSA is covered by an approved code of practice, your provider will most likely ask you to sign a common law tenancy or licence to occupy, and your rights and obligations will be as written down in your tenancy agreement (contract). As already stated your rights will not be set by the Housing Act 1988.
What are the approved codes of practice that give exemption status?
- For university-provided accommodation you should check if your university is part of either the UUK/Guild Accommodation Code of Practice or the ANUK/National Code for accommodation owned or managed by educational establishments
- If you live in private purpose-built student accommodation, this code applies and outlines your rights. - The ANUK/Unipol Code of Standards for private sector accommodation
In brief
If your landlord or their agent is in the Unipol/ANUK Code of Standards, any tenancy granted on or after 1st May 2026 will most likely be a Common Law Tenancy. As long as the terms of the contract are legally fair, they will be enforceable. Fixed-term contracts and No Pets rules will apply, and early termination of the tenancy will be unlikely unless you can present a valid allowed reason that is set down in the approved code of practice. Ask your provider for details should you need to apply. Your landlord will still have to follow the correct procedure before they can legally evict you, but there are fewer legal restrictions. Tenants on fixed-term contracts will not need to give notice to quit.