Tips for students living away from home for the first time: the position in 2026
Tips for students living away from home for the first time is a guide to dealing with your new responsibilities as an independent tenant. In 2026, this becomes more critical with changes in legislation and enhanced protections under the Renters' Rights Act 2025. Understanding these rights ensures you can handle issues like repairs, rent increases, and tenancy disputes effectively.
The transition from home to a rented property introduces several key responsibilities. You must manage your finances carefully, read your tenancy agreement thoroughly, and maintain good communication with your landlord or letting agent. The law provides significant protections for tenants against unfair practices such as excessive fees and rent hikes beyond the annual cap introduced by the Renters' Rights Act 2025.
In practical terms, students need to familiarise themselves with their legal rights under the Housing Act 1988, Deregulation Act 2015, and recent amendments. This includes understanding that landlords must provide a decent home standard, adhere to new rules on periodic tenancies starting from day one, and comply with annual rent caps. Knowing these provisions helps you negotiate better terms and address any issues promptly.
What the law says
The legal framework governing private rented sector (PRS) tenants is established primarily by the Housing Act 1988, Landlord and Tenant Act 1985, Deregulation Act 2015, and the Renters' Rights Act 2025. The Housing Act 1988 lays out important tenancy rights like security of tenure under Section 8 for assured shorthold tenants (ASTs) and provides grounds for eviction through Sections 13 and 21 notices.
The Landlord and Tenant Act 1985 introduces the duty to repair under Section 11, which requires landlords to keep properties in good condition. The Deregulation Act 2015, particularly Section 33, abolished assured tenancies requiring six-month notice periods for new tenancies starting from day one.
The Tenant Fees Act 2019 further protects tenants by banning most fees and limiting deposits to five weeks' rent in England. These statutes collectively ensure that students living away from home have a strong legal framework to fall back on when disputes arise or maintenance issues occur.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly altered the situation for tenants, especially those in the private rented sector. At Tips for students living away from home for the first time, key provisions affecting students include:
- Abolition of Section 21 notices: Landlords can no longer serve a Section 21 notice without proving a breach under Section 8.
- Periodic tenancies from day one: Tenants move directly into periodic agreements rather than initial fixed terms, offering more flexibility.
- Annual rent cap via Section 13: Rent increases are now capped at 5% annually unless justified by exceptional circumstances.
- Decent Homes Standard extended to PRS: All rented properties must meet the same standards as social housing for space, cleanliness, and safety.
- Awaab's Law extended to private landlords: Mandatory fire alarms and smoke detectors are required in all homes.
- New Private Rented Sector (PRS) Ombudsman: Tenants have access to an independent body for complaints against landlords or agents.
- PRS Database registration: All letting agencies must register with the PRS Database, ensuring transparency.
These changes enhance protections and ensure a more equitable rental environment for students moving out on their own. By familiarising themselves with these new regulations, tenants can better deal with their tenancies confidently.
What this means for tenants
Under the revised legal framework, tenants are entitled to enhanced rights and protections. You may be entitled to challenge any rent hikes exceeding 5% annually unless your landlord can prove exceptional circumstances warranting a higher increase. Additionally, you should expect your property to meet the Decent Homes Standard, ensuring it's safe, clean, and well-maintained.
If issues arise, such as necessary repairs not being carried out within a reasonable timeframe or persistent damp and mould problems, tenants are expected to raise these concerns formally with their landlord first. If no action follows, you may be entitled to report the matter to your local council's environmental health department under Section 11 of the Landlord and Tenant Act 1985.
if disputes arise over deposit refunds or other contentious issues, tenants typically have recourse through deposit protection schemes or the PRS Ombudsman. At Tips for students living away from home for the first time, familiarising yourself with these avenues is important for asserting your rights effectively.
What this means for landlords
Landlords operating under the new Renters' Rights Act 2025 must adhere to stricter regulations and enhanced protections for their tenants. They're expected to provide a decent home standard that meets the Decent Homes Standard, ensuring properties are safe, clean, and well-maintained.
Annual rent increases are capped at 5%, unless justified by exceptional circumstances, significantly limiting landlords' ability to increase rents arbitrarily. Landlords must also ensure all rented homes comply with fire safety regulations as outlined in Awaab's Law.
landlords need to register their letting agency on the PRS Database and cooperate with any requests for information or inspections from regulatory bodies like the new PRS Ombudsman. Failure to comply can result in penalties and enforcement actions by local authorities.
Compliance is key to maintaining a positive relationship with tenants and avoiding legal complications. By adhering to these regulations, landlords can provide secure and comfortable living conditions while mitigating potential disputes and financial liabilities.
Common scenarios
Scenario 1: A landlord fails to make important repairs
A tenant notices significant damp in their bedroom leading to mould growth despite multiple complaints over several months. The landlord ignores the issue or responds slowly, causing health concerns for the student. In this situation, the tenant may raise a formal complaint under Section 11 of the Landlord and Tenant Act 1985. If unresolved, they can escalate to environmental health services for enforcement actions.
Scenario 2: Rent increase exceeds permitted limit
During your second year, you receive notice that rent will be increased by 7% despite no justification provided. This breaches the annual cap under Section 13 of the Renters' Rights Act 2025 unless proven otherwise. You can challenge this hike through deposit protection schemes or the PRS Ombudsman if necessary.
Scenario 3: Deposit refund dispute
After moving out, you don't receive your full deposit back within the statutory deadline despite providing all requested documents and evidence of good condition upon departure. This breach entitles you to seek resolution via the deposit scheme's adjudication service or directly through the courts if unresolved.
Each scenario illustrates practical steps tenants can take when faced with common issues in student accommodation, highlighting the importance of knowing your rights under recent legislation.
Evidence tenants should keep
To effectively deal with disputes and ensure compliance from landlords, tenants should carefully document all relevant details. important evidence includes:
- Tenancy agreement: A copy of your signed contract outlining terms and conditions.
- Correspondence with landlord or agent: Emails, letters, and messages regarding rent payments, repairs, or other issues.
- Photographs/video recordings: Visual documentation of property condition at move-in and any damage or maintenance issues throughout the tenancy.
- Dates and times of events: Record specific dates for repair requests, visits from contractors, and landlord communications to establish timelines.
These documents provide a clear record should disputes arise. At Tips for students living away from home for the first time, for instance, photos of damp patches can substantiate claims about mould growth, while detailed correspondence logs help track communication patterns or delays in resolving issues.
Maintaining full records ensures you have the necessary evidence to support your position when asserting rights under recent legislation like the Renters' Rights Act 2025.
What to do if things go wrong
If problems arise during your tenancy, a step-by-step approach is advisable:
- Complaint letter: Write a formal complaint to your landlord addressing specific issues and requesting action.
- Council environmental health department: If repairs aren't made or conditions worsen, contact your local council's environmental health team for enforcement against the landlord.
- Deposit protection scheme dispute: Should disputes arise over deposits, use the relevant deposit protection scheme's adjudication service to resolve disagreements.
- Housing Ombudsman: Escalate unresolved issues to the Housing Ombudsman for independent investigation and mediation.
- PRS Ombudsman: For complaints against landlords or letting agents related to private rented sector regulations, escalate through the PRS Ombudsman.
- First-tier tribunal: If disputes remain unresolved, consider lodging a claim with the First-tier Tribunal for Property Chamber (Residential Property).
- County court: As a last resort, pursue legal action in county court if necessary.
This escalation path allows tenants to systematically address and resolve issues while minimising disruption and potential financial loss.
Common mistakes to avoid
Both tenants and landlords frequently make errors that can lead to unnecessary complications or conflicts:
- Failing to read the tenancy agreement: Tenants should thoroughly understand their contract before signing.
- Ignoring minor issues: Small problems like leaky taps can escalate into major repairs if left unaddressed.
- Not keeping records of communications and maintenance requests: Documentation is important for proving timelines and resolving disputes.
- Assuming rent increases are legal without verification: Tenants should check the annual cap before agreeing to higher rents.
- Overlooking fire safety regulations: Landlords must ensure smoke detectors and fire alarms meet Awaab's Law requirements.
Avoiding these common pitfalls helps maintain a smoother tenancy experience for both parties involved.
Where to get help
For additional support, tenants can turn to organisations like Shelter, Citizens Advice, or their local council's housing team. At Tips for students living away from home for the first time, legal aid may be available in certain circumstances, such as when disputes involve significant financial implications or safety concerns. Links and contact details for these resources are readily accessible online from official government websites and charity helplines.
Seeking advice early on can prevent minor issues from escalating into major problems and ensure both tenants and landlords comply with their legal obligations effectively.
Related: Student Renting Guide: Deposits, HMOs and Your Rights