{
  "url": "https://openlegislation.uk/student-accommodation-miscellaneous-provisions-england-regulations-2026/note",
  "json_url": "https://openlegislation.uk/student-accommodation-miscellaneous-provisions-england-regulations-2026/note.json",
  "legislation": "uksi/2026/327",
  "legislation_title": "The Student Accommodation (Miscellaneous Provisions) (England) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/student-accommodation-miscellaneous-provisions-england-regulations-2026",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese 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”).\nUnder 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.\n“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.\nRegulation 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.\nRegulation 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.\nRegulation 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.\nRegulation 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.\nFinally, 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.\nAn 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/327/note",
    "retrieved_at": "2026-10-28T21:03:44.058871+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}