Paragraph 13 Schedule 1: student accommodation groundI1
England, Wales and Scotland
In relation to an existing tenancy, ground 4A in Schedule 2 to the 1988 Act has effect as if—
in the first paragraph, the following were substituted for paragraphs (b) and (c)—
“(b)either or both of the following applies—
(i)the tenant met the student test when the tenancy was entered into;
(ii)the tenant meets the student test when the written statement referred to in paragraph (c) is given,
(c)the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the end of the period of one month beginning with the commencement date (within the meaning given by section 146 of the Renters’ Rights Act 2025), a written statement of the landlord’s wish to be able to recover possession on the basis that—
(i)the condition in paragraph (b) is met, and
(ii)the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,”;
paragraph (d) were omitted;
the following were substituted for the second and third paragraphs—
“For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets, or met, the student test at a particular time if—
- (a)
the tenant is, or was, a full-time student at that time, or
- (b)
at that time, the landlord reasonably believes, or believed, that the tenant would become a full-time student during the tenancy.
But, in a case where two or more persons are or would be, or were, the tenant, the tenant does not, or did not, meet the student test unless all of those persons meet, or met, that test.”
In relation to an existing tenancy which is a qualifying student tenancy, ground 4A in Schedule 2 to the 1988 Act has effect—
subject to the modifications in sub-paragraph (1) of this paragraph, and
additionally as if, in the first paragraph of ground 4A, paragraphs (a) and (e) were omitted.
For the purposes of this paragraph, an existing tenancy is a “qualifying student tenancy” if any of the following is a member of a specified housing management code of practice—
the landlord;
a person appointed to act on the landlord’s behalf in respect of the tenancy;
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.
In sub-paragraph (3)—
-
“housing management code of practice” means a code of practice approved by the Secretary of State under section 233 of the Housing Act 2004 (codes relating to the management of HMOs or excepted accommodation);
-
“management functions” in respect of a building includes functions relating to—
- (a)
the provision of services, or
- (b)
the repair, maintenance, improvement or insurance of the building;
- (a)
-
“specified” means specified in regulations made by the Secretary of State.
Annotations
Commencement
- I1
Sch. 6 para. 13 in force at Royal Assent, see s. 145(6)