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Statutory Instruments

2026 No. 327

HOUSING, ENGLAND

The Student Accommodation (Miscellaneous Provisions) (England) Regulations 2026

Made

18th March 2026

Laid before Parliament

20th March 2026

Coming into force

1st May 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by paragraph 8(1), (2) and (2A) of Schedule 1 to the Housing Act 1988(1), section 233(1) and (4) of, and paragraph 3A(1), (2) and (3) of Schedule 14 to, the Housing Act 2004(2) and paragraph 13(3) and (4) of Schedule 6 to the Renters’ Rights Act 2025(3).

The Secretary of State has taken reasonable steps to consult the persons mentioned in section 233(2)(b) of the Housing Act 2004 and is satisfied as to publication arrangements as required by section 233(3) of that Act.

Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Student Accommodation (Miscellaneous Provisions) (England) Regulations 2026.

(2) These Regulations come into force on 1st May 2026.

(3) These Regulations extend to England and Wales and apply in relation to accommodation in England.

Amendment of the Student Accommodation (Codes of Management Practice and Specified Educational Establishments) (England) Regulations 2024

1. —(1) The Student Accommodation (Codes of Management Practice and Specified Educational Establishments) (England) Regulations 2024(4) are amended as follows.

(2) In regulation 3 (approval of codes of practice)—

(a) in paragraph (1), for the words from “living” to “students)” substitute “certain houses in multiple occupation and accommodation falling within paragraph 3A of Schedule 14 to the Act (buildings occupied by students: England)”;

(b) in paragraph (2), after sub-paragraph (b), insert—

“ (c) ANUK/Unipol Code of Standards for Larger Developments for student accommodation not managed and controlled by educational establishments dated 27th February 2026 (5). ”.

(3) Omit regulation 4 (Revocations and savings).

(4) For regulation 4A (Educational establishments specified for certain purposes of the Housing Act 2004), substitute—

“ 4A. — (1) The members from time to time of a housing management code of practice specified in paragraph (2) are specified as—

(a) a description of educational establishment for the purposes of paragraph 3A(1)(a) of Schedule 14 to the Housing Act 2004;

(b) a description of person for the purposes of paragraph 3A(1)(b) of that Schedule.

(2) The codes of practice are—

(a) ANUK/Unipol Code of Standards for Larger Developments for student accommodation managed and controlled by educational establishments dated 5th September 2024 (6);

(b) Universities UK/GuildHE Accommodation Code of Practice for Student Housing dated 11th March 2025 (7). ”.

(5) Omit the Schedule.

Amendment of the Assured and Protected Tenancies (Lettings to Students) Regulations 1998

1. —(1) The Assured and Protected Tenancies (Lettings to Students) Regulations 1998(8) are amended as follows.

(2) In regulation 5—

(a) omit the “and” after paragraph (a); and

(b) after paragraph (b) insert—

“ (c) a body which is a member from time to time of the ANUK/Unipol Code of Standards for Larger Developments for student accommodation not managed and controlled by educational establishments dated 27th February 2026. ”.

(3) After regulation 5 insert—

“ 5A. The ANUK/Unipol Code of Standards for Larger Developments for student accommodation not managed and controlled by educational establishments dated 27th February 2026 is specified (9) for the purposes of paragraph 8(1)(b) of Schedule 1 to the Housing Act 1988. ”.

Code of practice specified for the purposes of paragraph 13 of Schedule 6 to the Renters’ Rights Act 2025

1. The ANUK/Unipol Code of Standards for Larger Developments for student accommodation not managed and controlled by educational establishments dated 27th February 2026 is specified(10) for the purposes of paragraph 13(3) of Schedule 6 to the Renters’ Rights Act 2025 (transitional provision for student accommodation ground).

Signed by authority of the Secretary of State for Housing, Communities and Local Government.

Matthew Pennycook

Minister of State

18th March 2026

Ministry of Housing, Communities and Local Government

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Student Accommodation (Codes of Management Practice and Specified Educational Establishments) (England) Regulations 2024 (S.I. 2024/947) (“ the 2024 Regulations ”) and the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 (S.I. 1998/1967) (“ the 1998 Regulations ”). They also make standalone provision for the purposes of a transitional provision in paragraph 13 of Schedule 6 to the Renters’ Rights Act 2025 (c. 26) (“ the 2025 Act ”).

Under section 233 of the Housing Act 2004 (c. 34) (“ the 2004 Act ”) the Secretary of State may approve codes of practice which lay down standards of conduct and practice to be followed with regard to the management of houses in multiple occupation (“HMOs”) or of excepted accommodation.

“Excepted accommodation” is living accommodation falling within Schedule 14 to the 2004 Act that is not an HMO for the purposes of that Act (excluding Part 1, which deals with housing conditions). Certain buildings occupied by students are excepted accommodation pursuant to paragraph 3A. Paragraph 3A was inserted by section 62(2) of the 2025 Act and applies to buildings located in England. Section 62 of the 2025 Act also amended paragraph 4 of Schedule 14 to the 2004 Act to narrow its application to buildings located in Wales.

Regulation 2 amends the 2024 Regulations. Paragraph (2) amends regulation 3(1) of those Regulations to reflect the insertion of new paragraph 3A in Schedule 14 to the 2004 Act and the approval of a new code of practice for the management of HMOs by amendment of regulation 3(2) of the 2024 Regulations. The ANUK/Unipol Code of Standards for Larger Developments for student accommodation not managed and controlled by educational establishments dated 27th February 2026 (“the new code of practice”) supersedes the code of practice of the same name dated 28th February 2022 and as such regulation 2(3) omits regulation 4 of the 2024 Regulations which previously made saving provision for the approval of that code.

Regulation 2(4) substitutes regulation 4A of the 2024 Regulations (which specified educational establishments for the purposes of paragraph 4 of Schedule 14 to the 2004 Act by reference to whether it was listed in the Schedule to those Regulations). New regulation 4A specifies a description of educational establishment and a description of person for the purposes of paragraph 3A(1)(a) and (b) of Schedule 14 to the 2004 Act. In both places it specifies the description by reference to those educational establishments or persons being from time to time members of an approved code of practice. The two codes of practice specified for these purposes are both approved under section 233 of the 2004 Act and apply to educational establishments. This means in practice that a building in England will be excepted accommodation if either (a) it is occupied solely or principally by students at an educational establishment which is a member of one of the approved codes and that educational establishment manages or controls the building; or (b) it is occupied solely or principally by students at an educational establishment which itself might not be a code member, but the building is managed or controlled by a different educational establishment which is a code member.

Regulation 2(5) omits the Schedule to the 2024 Regulations to reflect that educational establishments will now be specified for the purposes of paragraph 3A of Schedule 14 to the 2004 Act solely by reference to whether they are a member of one of the approved codes.

Regulation 3 amends the 1998 Regulations. Among other things, the 1998 Regulations specify bodies of persons for the purposes of paragraph 8 of Schedule 1 to the Housing Act 1988 (“ the 1988 Act ”). Where a tenancy is granted by a body (or a body falling within a class of bodies) specified in regulation 5 to the 1998 Regulations and where the tenant under that tenancy is pursuing or intends to pursue a course of study provided by a specified educational institution, that tenancy will not be an assured tenancy within the meaning of section 1 of the 1988 Act. Regulation 3 amends regulation 5 of the 1998 Regulations to specify another class of bodies. A body will fall within this class if it is one which from time to time is a member of the new code of practice. Further, regulation 3(3) specifies the new code of practice for the purpose of paragraph 8(1)(b) of Schedule 1. As a result, where a tenant is pursuing or intends to pursue a course of study provided by a specified educational institution and the landlord, a person appointed to act on the landlord’s behalf or a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated is a member of the new code of practice, that tenancy will not be an assured tenancy.

Finally, regulation 4 specifies the new code of practice for the purposes of the transitional provision in paragraph 13(3) of Schedule 6 to the 2025 Act. This means that where, in respect of an existing tenancy (defined in section 146(3) of the 2025 Act as an assured tenancy entered into before the 1st May 2026) either the landlord, a person appointed to act on the landlord’s behalf or a person appointed to discharge management functions in respect of the building which comprises the dwelling-house or in which the dwelling-house is situated is a member of the new code of practice, that tenancy will be a “qualifying student tenancy”. That means that the landlord under that tenancy can use possession Ground 4A in Schedule 2 to the 1988 Act, as modified by paragraph 13(2) of Schedule 6 to the 2025 Act.

An impact assessment of the effect that this instrument will have on the costs of business is available alongside this instrument on www.legislation.gov.uk and from the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF.

(1) 1988 c. 50; paragraph 8 of Schedule 1 was amended by section 32(2) of the Renters’ Rights Act 2025 (c. 26) and paragraph 8(2A) was inserted by section 32(2)(b) of that Act.

(2) 2004 c. 34; paragraph 3A of Schedule 14 was inserted by section 62 of the Renters’ Rights Act 2025 (c. 26). For the definition of appropriate national authority see section 261(1) of the Housing Act 2004 (c. 34).

(3) 2025 c. 26.

(4) S.I. 2024/947, amended by S.I. 2025/431.

(5) This code is available at https://www.nationalcode.org/download-codes. A hard copy can be obtained from the National Codes Administrator, 155-157 Woodhouse Lane, Leeds, LS2 3ED.

(6) This code was approved by S.I. 2024/947. It is available at https://www.nationalcode.org/download-codes. A hard copy can be obtained from the National Codes Administrator, 155-157 Woodhouse Lane, Leeds, LS2 3ED.

(7) This code was approved by S.I. 2025/431, which amended S.I. 2024/947. This code is available at https://www.acop.ac.uk. A hard copy can be obtained from College & University Business Officers (CUBO), Charnwood Building, Holywell Park, Ashby Road, Loughborough University, Leicestershire, LE11 3AQ, who administer the code on behalf of Universities UK.

(8) S.I. 1998/1967, amended by S.I. 2010/671; there are other amending instruments but none is relevant.

(9) See paragraph 8(2) of Schedule 1 to the Housing Act 1988 for the definition of “specified”.

(10) See paragraph 13(4) of Schedule 6 to the Renters’ Rights Act 2025 for the definition of “specified”.

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