Will Renter’s Rights Act affect student summer retainers and access?

The Renters’ Rights Act does not give students a separate right to demand keys. The crucial issue is the tenancy start date.

If the tenancy starts in July and rent is payable from then, the tenant would normally be entitled to access at the agreed 50% rent. You could not simply increase it to full rent because they requested a key, unless the agreement clearly and lawfully provides for this and both parties have agreed.

If the tenancy does not start until September, there should be no right to occupy beforehand. However, charging a July and August “retainer” without granting occupation is now legally risky: government guidance says rent should be spread equally across the tenancy, only permitted payments may be charged, and pre-tenancy rent is generally limited to one month. The tenancy agreement should therefore be professionally reviewed.

I had five student HMOs operating for the best part of twenty years. The rents and occupation of the properties were based on 51 weeks, this was the general principle of the entire student HMO market in the area. (Longer maintenance periods resulted in delayed start dates on an ad hoc basis).

I was aware other areas operated with no occupation or rents payable over the summer months and was under the impression that those markets had proportionally higher rent levels to reflect the shorter tenancy term.

I sold all my student HMOs so am not fully conversant with the current market under RRA but this 50% arrangement sounds like a disaster waiting to happen now and two months are not needed for changeover work on each property every year although I appreciate it would avoid having to work under pressure as is the case with a basic changeover of one week with delayed start dates on those properties that specifically need a longer window for additional work to be carried out.

The problem now is what was a way of giving the students a saving over the summer will now be seen as denying them something they have paid money for in the brave new world all politicians want the PRS to exist in.

We don’t know when your student tenants signed up or which contract they signed ?
Pre 1st of May 2026 or post 1st of May 2026 and therefore a periodic tenancy under the new RRA terms.
All tenants can now give 2 months notice to leave
Did you sent the RRA Information sheet to all the student tenants via email to prove they have received it ?
We are now in a whole new world of the RRA and periodic tenancies.
You may well need to charge Full rent for the whole year going forward
Whatever the market rent maybe.
PS tenants can challenge this Rent once they move in.

If they’re paying rent under an APT, even a peppercorn, of course they should be allowed access. Why would you expect them to pay something for nothing? It’s these sort of stories that really harm the PRS, it’d be painted as greedy landlord exploits students. Difficult to see it any other way imo 🤷‍♂️. And you’ll be merrily using their power while renovating?

You could leave a one month void for maintenance then charge full rent – same rental income overall. But of course you’ll be saddled with council tax, gas, electricity, water etc. 🤔

I think you’ve been very lucky to get away with that so far. I’m 11 months running from 1/9 through to 31/7 but I’m expecting this coming year to be a tad tricky – I know many of mine will want to leave a lot earlier so I’m sort of relying on their notorious disorganisation as they need to give me clear 2 months notice (2 months notice in the middle of May still takes them to end July).
The other thing that will be a headache is the lead times around viewings and signing up new students. We normally market in October and many contacts agreed before the New year. The new 6 month rule will truly muck that up.
And now, and more, and more. Just a classic case of ” let’s take a well oiled machine and completely break it !!”
Fun times ahead.

Reply to the comment left by Grumpy Doug at 28/07/2026 – 11:16
Well said Grumpy. But do remember only one tenant has to give notice (?) – so you only need one savvy student to act.

Only option I can see is to bring the start of the rental year forward to 1 June…and hope they still want to be there in May.

I’ve got 4 student HMOs (19 beds) – all a bit of a worry to say the least.

If you dont allow access to the property, how can your charge be rent? The answer is it cant be and it cant be anything else either as the Tenant Fees Act forbids it. Sadly, this practice became illegal in 2019 when the TFA came in, so you may want to consider just having a 12 month tenancy instead of a 10.

I’m no expert, although I do let one HMO to students myself, but as soon as the tenancy commences, surely the named tenants should have access to the keys? I’m not sure it would be legal to include a clause in the contract that states they’re not allowed in for 2 months but have to pay anyway – I’m not sure how that’s justifiable either!? Understand you don’t want to be responsible for council tax.
I think, in light of the RRA, July/ August may no longer be maintenance months. I wonder if the norm will be contract start August and students give notice to leave end of May…. leaving June/ July as maintenance months ( assuming they haven’t given notice earlier when you serve them 4 months!). Presumably rents will rise to offset the uncertainty… that’s all speculation of course and I hope to adapt and evolve accordingly! Maybe 9 or 10 months is the best one can hope for…