Legislation – Renters’ Rights Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Renters’ Rights Act 2025, Section 62.
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Part 1Tenancy reform
Chapter 7Miscellaneous
62Student accommodation that is not an HMO
(1)
(2)
“Buildings occupied by students: England
3A
(1)
Any building in England—
(a)
which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or having control of it is the educational establishment in question, or
(b)
which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at an educational establishment and where the person managing or having control of it is a specified person or a person of a specified description.
(2)
In—
(a)
(b)
(3)
Those regulations may, in particular, specify—
the members from time to time, or a description of the members from time to time, of a housing management code of practice which is specified in the regulations.
(4)
The Secretary of State may by regulations—
(a)
specify a class of building, and
(b)
provide that a building—
(i)
does not fall within this paragraph if it is of the specified class, or
(ii)
falls within this paragraph only if it is of the specified class.
(5)
The Secretary of State may by regulations—
(a)
specify a building manager or a class of building manager,
(b)
specify a class of building in relation to the specified building manager or the specified class of building manager, and
(c)
provide that a building which the specified building manager, or a building manager of the specified class, manages or has control of—
(i)
does not fall within this paragraph if the building is of the specified class, or
(ii)
falls within this paragraph only if the building is of the specified class.
(6)
Regulations under sub-paragraph (4)(a) or (5)(b) may, in particular, specify as a class of building—
(a)
the buildings, or
(b)
a class of the buildings,
(7)
(a)
the members, or
(b)
a class of the members,
(8)
For the purposes of this paragraph—
(a)
“building manager” means an educational establishment or other person managing or having control of a building;
(b)
“housing management code of practice” means a code of practice approved by the Secretary of State under section 233 (codes relating to the management of HMOs or excepted accommodation);
(c)
a building is “subject to” a housing management code of practice if it—
(i)
is a particular building subject to the code, or
(ii)
is of a class of buildings subject to the code;
(d)
a reference to—
(i)
a class of the buildings from time to time subject to a housing management code of practice, or
(ii)
a class of the members from time to time of a housing management code of practice,
includes the buildings or members that are from time to time in a class provided for in the code of practice.”
(3)
Any regulations made by the Secretary of State under paragraph 4 of Schedule 14 to the Housing Act 2004 before the coming into force of this section are to continue to have effect on and after the coming into force of this section as if made under paragraph 3A of that Schedule (inserted by this section).
(4)
In paragraph 4 (buildings occupied by students)—
(a)
in the heading, after “students” insert “: Wales”
;
(b)
in sub-paragraph (1), in the words before paragraph (a), after “building” insert “in Wales”
.
(c)
in sub-paragraph (2), for “appropriate national authority” substitute “Welsh Ministers”
.
(d)
in sub-paragraph (3), for “appropriate national authority” substitute “Welsh Ministers”
.
(e)
in sub-paragraph (4)—
(i)
in the words before paragraph (a), for “appropriate national authority may have regard to the extent to which, in its opinion” substitute “Welsh Ministers may have regard to the extent to which, in their opinion”
;
(ii)
in paragraph (a), for “authority” substitute “Welsh Ministers”
.
(5)
In consequence of the other amendments made by this section—
(a)
in paragraph 16E(3) of Schedule 2 to the Finance Act 2019 (inserted by Schedule 1 to the Finance Act 2025) (meaning of “institutional building”), in paragraph (i)(i) and (ii) (buildings occupied by students), for “paragraph 4” substitute “paragraph 3A or 4”
;
(b)
in the Capital Allowances Act 2001, in section 270CF (exclusion from qualifying use: residential use), in subsection (1)(b), for “paragraph 4” substitute “paragraph 3A or 4”
.
(6)
Any regulations made by the Treasury under paragraph 16E(3)(i)(ii) of Schedule 2 to the Finance Act 2019 before the coming into force of this section which designate provision as provision corresponding to paragraph 4 of Schedule 14 to the Housing Act 2004 are to continue to have effect on and after the coming into force of this section as if they designated the provision as provision corresponding to paragraph 3A or 4 of that Schedule.