What will the Renters' Rights Act mean for School accommodation?

The Act will only be relevant to schools where they use Assured Shorthold Tenancies (ASTs). The Act does not directly affect the following arrangements:

Accommodation linked to an employment contract (for the better or proper performance of their duties) (Service Occupancy Agreements) - this includes boarding house staff and heads
Short term arrangements documented under a Licence to Occupy
Tenancies which don't meet the test for an AST such as low or no rent (Common Law Tenancies).

In our last article How will the Renters Reform Bill affect school accommodation? in September 2025, we reported on the main changes expected by the Act and for those charitable schools, Charities Act implications. We now have some clarity on the implementation phases and further details are set out below:

Phase 1 - comes into force on 1 May 2026

Notices and termination of tenancies

A school will only be able to obtain possession under a revised list of specific grounds which includes:

Failure to comply with the terms of the tenancy or non-payment of rent.
A Landlord can also obtain possession after the first 12 months of a tenancy if they want to sell the property or after 6 months if they want to redevelop the property.
There is an amended ground which we think most schools will use which enables employers who grant tenancies to employees to serve notice if employment has come to end; or if property was granted for the 'early period of employment' and the property is needed for a new employee.

All assured shorthold tenancies will automatically become periodic tenancies

Fixed-term ASTs will be replaced by open-ended periodic tenancies. This means that the tenancy will continue on a monthly rolling basis until it is terminated.
ASTs in the current form can be issued until 1 May 2026, but for any new ASTs tenancies issued created after 1 May 2026, a new form of tenancy agreement containing certain information must be used.
Any current existing ASTs will automatically convert to periodic tenancies on 1 May 2026. Landlords will need to provide tenants with a government published 'Information Sheet' for existing tenancies on or before 31 May 2026. This document will inform tenants about the changes made by the Act.
Rent can only be increased once a year and there is a prescribed notice which will need to be served on the Tenant.

Precedent documentation and transitional arrangements

Draft regulations should be issued this month by the Government to inform the contents for new agreements created after 1 May. Once that information has been made available, it will allow Schools to begin preparing their new templates.
The Information Sheet which will need to be provided for existing tenancies is expected to be published online in March. At that point, schools can consider providing early informal information to any staff occupying under an AST.
Schools will need to serve an Advanced Notice on their Tenants regarding the changes between 1 and 30 May 2026. We will provide further guidance regarding this once the Government has provided further information.

Phase 2 - date not yet confirmed - likely beginning from late 2026

Phase 2 will involve schools who grant ASTs registering with a Private Renter Sector Database. This is likely to include a requirement to upload certain information and to ensure the tenancy is compliant with current law. This may include confirmation that the landlord has issued the usual statutory electric and gas safety certificates; proof of registration of deposits (if taken); and a valid Energy Performance Certificate subsists with a rating of E or above.

Recommended actions for schools

To ensure Schools are ready for the Act coming into force, we would recommend the following steps should be undertaken:

Schools should check that their audit of their staff accommodation arrangements are up to date and in particular that applicable staff are correctly on Service Occupancy Agreements and those that do not satisfy the service occupancy tests are placed on the right form of tenancy.
Schools should prepare and issue suitable communications (we suggest from March onwards) to staff occupying under an AST to explain the approach to the new regime.
Schools should consider adopting/updating housing policies to effectively manage their housing stock how they are allocated.
Schools should carry out a condition audit of all staff accommodation which is let under an AST and plan for any works to ensure that the EPC rating is compliant with the minimum thresholds ready for late 2026.
Whilst we appreciate most schools don't serve Section 21 Notices on employees, if there are any members of staff who might need a notice, the last date for service is 30 April 2026 and you should plan well in advance of this date.

We are keeping the changes to the Act including the issuing of new documentation under review and will provide further advice nearer to 1 May. However, if you would like to discuss your school's current or future staff accommodation arrangements; are considering implementing a housing policy; or would like assistance with an audit of staff accommodation please contact Sarah Outram in our Independent Schools team.