• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Act 2025
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Student lets and Ground 4A: using holding deposits to reserve properties early

October 12, 2026 by Tessa Shepperson Leave a Comment

Students discuss a home reservationThe changes brought into renting property practice in England by the Renters Rights Act 2025 have been particularly hard for student landlords.

The loss of the ability to require several months’ rent in advance means that accepting students without a guarantee is now risky.

Plus, student landlords risk tenants ending the tenancy early by a two-month Notice to Quit and missing out on rent for the remainder of the year. Assuming a replacement tenant cannot be found.

The government did introduce a special possession ground, ground 4A, which can be used to evict students staying on, now section 21 is gone. However, it is limited in its use.

A limited possession ground – ground 4a

One of the limitations is that the period between entering into the tenancy and the date the tenants are entitled to possession must be six months or less.

This conflicts with the common practice of students signing tenancy agreements considerably longer than that. Something which both students and landlords found helpful.

I have had quite a few questions in our Landlord Law Members Forum asking how to deal with this. For example,

  • One member told me that local agents were using an ‘agreement to let’ document.
  • Another asked if getting the students to sign the tenancy agreement but waiting until the deadline had passed before getting the landlord to sign it would comply.

My view is that neither of these would be a good idea and would risk losing your right to use ground 4A.

The important question is when the parties become legally committed. Calling a document an ‘agreement to let’, or postponing the landlord’s signature, may not prevent a binding agreement from being created earlier.

However, there is a solution.

Using a holding deposit

Current legislation provides for landlords to take a holding deposit from tenants to ‘hold’ the property for them.

The default period of time for holding the deposit is 15 days, but the legislation makes it clear that this can be changed by agreement.

Any different deadline must be agreed in writing. The holding deposit must not exceed one week’s rent for the proposed tenancy, even where several students are renting jointly.

So for example if you are negotiating with prospective student tenants in October for a tenancy due to start on 1 July the following year, you can extend the holding deposit period until say, 10 January (the deposit deadline).

Provided you

  • Use a holding deposit agreement which reserves the property without creating a tenancy or obliging either party to enter into one;
  • Provide any proposed tenancy agreement as a draft, clearly marked ‘subject to contract’, without asking the students to sign it at this stage;
  • Do not enter into a binding tenancy agreement before the six-month window begins—for this example, signing from 2 January gives a little margin;
  • Give the students the required written Ground 4A advance statement before entering into the tenancy; and
  • Enter into the tenancy agreement by the agreed holding deposit deadline.

This gives you a reservation arrangement with the students while postponing the tenancy agreement until the appropriate time. You must still satisfy the other requirements for Ground 4A, which applies to qualifying student HMOs.

It is not as secure an arrangement as signing the tenancy agreement was in the past, but it is better than nothing.

Note that Landlord Law members can use our holding deposit documentation and draft letters.

Find more posts on student lets and the Renters Rights Act.

Previous Post

Filed Under: Renters Rights Act 2025 Tagged With: Students

Notes

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.


Free Daily Tips: Receive one useful landlord-law tip every weekday. Sign up here.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free ebook - 12 Costly Legal Mistakes Every Landlord Should Avoid.
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up
Landlord Law Daily Tip Bubble
Landlord Law Training

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get free guide: Free Guide 12 Costly Legal Mistakes Every Landlord Should Avoid.

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2026 · Log in · Privacy | Contact | Comments Policy