Student Letting Agreements

The student lettings market has grown in recent years, due to an increase in the number of people in higher education. Owning and letting out a rental property in a university town can be a good investment, but upcoming legislative changes under the Renters Rights Act will significantly alter how student tenancies operate.

As with all lettings, it remains essential that the terms of a student’s occupation are properly documented. Clear agreements will help reduce the scope for disputes and ensure that landlords can regain possession of their properties lawfully and at the right time.

Key Changes Affecting Student Lets

From the commencement date of the Renters Rights Act:

Fixed term tenancies will no longer be permitted . All new tenancies will become periodic from the outset.
Rent in advance will be restricted to one month.
Section 21 'No fault' evictions will be abolished. From the commencement date, possession will only be possible using specific statutory grounds under strengthened section 8 grounds.
New possession ground for student HMOs. Landlords may recover possession at the end of the academic year if the tenant is a full time-student, at least four months' notice is given, and the tenant was informed before the tenancy began that possession would be sought on this ground.

These changes mean the traditional fixed term "academic year" tenancy model will no longer apply so landlords will need to be prepared.

How Can Landlords Prepare

Landlords should consider the following:

Obtain proof of the students status and enrolment on the full time course prior to the commencement of the tenancy.
Serve notices correctly. The tenancy agreements contain a notice clause, however landlords should ensure they provide the notice to the tenant before the tenancy begins.
Consider the use of a guarantor for each student, and a UK based guarantor where a student is from overseas.
Review rent collection systems to comply with the new restrictions

Updated Template Agreements

All of the documents have been prepared by a professional and are written in plain English.

Landlords should refer to the Guidance on Letting Property to Students, Guidance on Tenancy Deposit Schemes for Student Landlords, and Inventory Guidance as a starting point.

Landlords should also consider the comprehensive range of Residential Tenancy Compliance Documents and Templates to assist with their compliance requirements.

Landlords can select from the extensive range of tenancy agreements, including Student Tenancy Agreement for Shared Furnished House, Student Tenancy Agreement for Shared Furnished Flat, Student Bedsit Agreement (Rent Exclusive of Outgoings), Student Bedsit Agreement (Rent Inclusive of Outgoings).

In some instances a landlord may prefer to use a Licence for Student to Occupy a Room in the Landlord’s Home.

Other useful documents for landlords to use include Student Tenancy Agreement Guarantee and Indemnity (Single Tenant) and Student Tenancy Agreement Guarantee and Indemnity (Joint Tenants) which are useful guarantee and indemnity offering greater protection for a landlord.

When tenancy changes occur, landlords can use the Deed of Assignment (Single Tenant) or Deed of Assignment (Joint Tenants).

When a tenancy ends, the following documents can be used to formally record termination, Deed of Surrender (Single Tenant), Deed of Surrender (Joint Tenants), and Deed of Release of Guarantor can be used to formally document termination.

These templates are suitable for tenancies in England only. For tenancies in Wales please view Renting Homes Wales.

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