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Landlords · Originally published

Student Lets: Check the Timing Before Taking a Holding Deposit

Separate an early reservation from the conditions governing student possession in England.

Property Perpetuity editorial illustration for “Student Lets: Check the Timing Before Taking a Holding Deposit”
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An early reservation can create confusion about when a student tenancy was actually agreed. Before accepting money, record what the proposed arrangement means and obtain advice on the documents you intend to use.

Check the possession conditions

Government guidance says Ground 4A concerns qualifying student HMOs needed for another student group between 1 June and 30 September. It cannot be used where the tenancy was agreed more than six months before it started. Advance warning and a four-month possession notice are required. These are conditions, not an automatic right to recover a property.

Keep the payments distinct

GOV.UK describes a holding deposit as a payment to reserve a property during checks, capped at one week’s rent. It is different from the tenancy security deposit and rent in advance. Do not treat those labels as interchangeable in receipts or correspondence.

Record the actual agreement

Keep dated copies of messages, proposed terms, payment requests and acceptance. Ask an adviser whether your communications already amount to an agreement; renaming a payment does not settle that question. Explain clearly what remains subject to checks and what each party has accepted.

Avoid promising an unverified workaround

Do not advertise a holding deposit as a guaranteed way around the six-month rule. Check the particular tenancy and all applicable requirements before relying on Ground 4A. If the timing is uncertain, resolve it before making commitments for the next academic year.

Editorial review: 15 October 2026. This original Property Perpetuity guide replaces the imported text; the original archive publication date is retained.

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