The government has made a technical statutory instrument to update how student accommodation is classified and managed in England. The Student Accommodation (Miscellaneous Provisions) (England) Regulations 2026 take effect on 1 May 2026 and sit alongside the Renters’ Rights Act 2025 timetable. The aim is to align codes of practice, the “excepted accommodation” definition under the Housing Act 2004, and tenancy status for certain student lettings.
The instrument approves the latest ANUK/Unipol Code of Standards for Larger Developments where accommodation is not managed and controlled by an educational establishment, dated 27 February 2026. It also aligns existing approvals for educational establishments with the ANUK/Unipol code dated 5 September 2024 and the Universities UK/GuildHE Accommodation Code of Practice dated 11 March 2025, both already recognised under earlier regulations. Together, these codes now anchor who qualifies for the student accommodation carve‑outs in housing law. (legislation.gov.uk)
For Housing Act 2004 purposes, buildings occupied by students can be treated as “excepted accommodation”, meaning they are not HMOs under that Act other than for Part 1 on housing conditions. The 2026 Regulations update references so that, in England, whether a building qualifies as excepted accommodation under Schedule 14 now depends on membership of an approved code rather than a static list of named institutions. Parliament created this England‑specific mechanism in 2025 by inserting paragraph 3A into Schedule 14. (legislation.gov.uk)
Practically, a building in England is excepted accommodation if it is occupied solely or mainly by students and is managed or controlled by an educational establishment that is a member of one of the approved codes; alternatively, it qualifies where the student occupants attend a particular educational establishment, but a different code‑member educational establishment manages or controls the building. This dynamic, membership‑based approach replaces the older model that relied on a schedule of named institutions. (legislation.gov.uk)
The regulations also adjust the tenancy regime. They amend the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 so that, where the landlord, the landlord’s agent, or the building’s manager is a member of the newly approved 2026 ANUK/Unipol code, a letting to a student of a specified educational institution does not create an assured tenancy under the Housing Act 1988. This preserves a long‑standing student‑lettings exemption and extends it to qualifying private PBSA operators through code membership. (england.shelter.org.uk)
A transitional provision is confirmed for the Renters’ Rights Act 2025. Existing student ASTs that convert to assured periodic tenancies on 1 May 2026 can still be brought to an end using the new student accommodation possession Ground 4A if, at the relevant time, the landlord, agent or manager is a member of a specified, government‑approved housing management code. The Act anticipated this and expressly allowed the Secretary of State to specify such codes in secondary legislation. (legislation.gov.uk)
For university‑managed halls and other accommodation directly controlled by higher education providers, nothing material changes in how compliance is demonstrated: institutions relying on the Housing Act 2004 exceptions should ensure continued membership of either the ANUK/Unipol education‑sector code (5 September 2024) or the Universities UK/GuildHE Code (11 March 2025). Lapses in membership risk reclassifying buildings as HMOs for licensing and management regulation purposes. (legislation.gov.uk)
For private PBSA providers not managed by an educational establishment, the route to maintaining non‑assured status and relying on the transitional Ground 4A is through active membership of the 27 February 2026 ANUK/Unipol code. Providers should ensure the contracting entity, its appointed agent, or the building’s manager appears on the code register at grant and throughout management, as the regulations apply to “members from time to time”. Documentary proof should be retained in case of local authority or tribunal scrutiny. (legislation.gov.uk)
The Renters’ Rights Act 2025 continues to govern the broader framework. From 1 May 2026, most private tenancies in England move onto assured periodic terms and possession routes operate via amended section 8 grounds, including the new Ground 4A tailored to student lets. The Act’s Explanatory Notes confirm that secondary legislation would specify approved codes to make the transitional Ground 4A workable for PBSA, which is what the 2026 Regulations now deliver. (legislation.gov.uk)
Compliance actions now centre on three points. First, confirm which approved code applies to the portfolio and secure, renew or evidence membership ahead of the 2026/27 letting cycle. Second, review tenancy documentation and communications to ensure the correct status is recorded, particularly where lettings are outside the assured tenancy regime by virtue of the 1998 Regulations as amended. Third, retain course‑of‑study evidence for each tenant to demonstrate that the student criterion is met at grant and, where relevant, at possession stage under Ground 4A. (england.shelter.org.uk)
There is also an HMO licensing dimension. Where buildings are treated as excepted accommodation under Schedule 14 of the Housing Act 2004 by virtue of code‑member management, local authority HMO licensing should not apply, though Part 1 housing condition duties still do. Providers therefore need internal controls that flag any membership lapse promptly, as this may alter licensing exposure mid‑year and trigger immediate management obligations. (legislation.gov.uk)
Key dates are close. The Regulations were made in March 2026 and commence on 1 May 2026. Universities and PBSA operators recruiting for 2026/27 should assume the updated code‑based tests will apply to the next tenancy cycle. Where transitional Ground 4A is intended to be used for existing student tenancies, operators should plan notices and evidence packs against the Act’s requirements and any forthcoming government guidance to avoid missing windows that secure alignment with the academic year. (legislation.gov.uk)