Understanding UK Student Accommodation Codes: A Comprehensive Guide

The UK is one of the most popular destinations among students for pursuing their higher education. During their university life, the students tend to stay in the halls of residence provided by the universities or the privately held apartments built specifically for students’ accommodation. These halls of residence and the apartments need to be managed in a certain way.

For the same, the government has implemented some laws, namely the Code of Standards for Larger Residential Developments for Student Accommodation controlled and managed by educational establishments, and The National Code of Standards for Larger Developments for Student Accommodation not managed and controlled by educational establishments. These laws lay down provisions for the standards that are to be implemented by the property managers to rent the building as a student accommodation.

I. Code of Standards for Accommodations managed by Educational Establishments

The Code of Standards for Larger Residential Developments for Student Accommodation controlled and managed by educational establishments pertains to residential developments exclusively designed to accommodate students enrolled in full-time courses at an educational institution, providing the accommodation. It outlines specific criteria that managers must adhere to in order to effectively meet the needs of these students. It intends to provide both, students and managers a framework for conducting business with each other. There is another code, known Code of Practice for the Management of Student Housing, and the establishments are expected to review both of them and accept whichever provides them with the most value.

Compliance with the code will lead to managers and occupants jointly benefitting from the good standards of housing management. The legislative impacts of compliance would include educational establishments being exempted from the licensing requirements under the Housing Act, which covers the HMOs. The Code shall provide a framework for educational establishments for self-assessment that will help in continuously help them in improving the services they provide to the applicants.

Section 2: Equality

• According to Section 2, the educational establishment will develop an equality access statement and all the accommodations shall be allotted complying with all the equality and inclusion policies, applicable. It also says any person applying for the accommodation be treated equally and no extra charges shall be applicable to accessible rooms.

Section 3: Marketing before Letting

• This section lays down the provisions regarding marketing prior to letting the apartments. This means that educational establishments should not provide any false details regarding the property, which will also include the details given prospectus, brochures, and website.
• The occupancy agreement should include a statement saying that the educational establishment is a member of this code. In addition, the occupancy agreement should also speak about any charges that are applicable except for the rent like utility charges, booking fees, etc., and should not use any terms breaching the terms of Unfair Trading Regulations, 2008.

Section 4: During the Occupancy

• In Section 4, the rules are laid down that need to be followed, during the time of occupancy. For example, when the occupant has reported for a repair, access to their room is authorized, until any specific instructions are given and the entry and the repair work that has been carried out shall be recorded.
• If access is required for repair work in the communal area, each of the affected occupants shall be notified of the time and the purpose of the visit. For any routine check and repair, a notification shall be made to all the occupants, 24 hours prior to any such activity.
• The accommodation should be maintained according to any advice given by the local authority and HMO Regulations 2006, and should also make sure of no category 1 of HHSRS.

Section 5: Occupant Satisfaction

• There will be an occupant survey that shall be conducted, annually, including qualitative and quantitative elements like staff responses, reporting and rectification of repairs, student care, security, and many more, Section 6 of the Code also says that the property shall be maintained in accordance with HHSRS and the Housing Act, 2004.

Section 6: Health and Safety Measures

• This section mainly talks about the various health and safety measures that need to be taken by the establishments. These should be in accordance with the Housing Health and Safety Regulation System (HHSRS). They are maintained so that the Local Housing Authority does not take any action under Part 1 of the Housing Act, 2004.

Section 7: At the End of Tenancy

• At the end of the tenancy, the managers shall ensure that the occupants receive the entire deposit within 28 days, and if any amount has been retained to offset any costs incurred, then any remaining balance shall be returned and the written statement of the account shall be given to the former occupant within 8 weeks, as mentioned in Section 7.

Section 8: Disputes and Complaints

• Dispute management is dealt with in Section 8, which says that the managers shall accept contact from the occupants in any appropriate method like telephone calls, e-mails, or face-to-face conversations. These complaints should be responded and the action shall be taken promptly. Any settlement or agreement that is reached shall be recorded and honored within a specific time.
• In cases where a written complaint has been made then within 4 weeks of receiving any such complaint, the managers are supposed to rectify any such breach or put in action any such plan that has been put into place if there is a wider issue that has to be addressed.
• If it is not rectified both the occupants and the manager shall identify any such authority of the Tribunal who shall decide whether or not the breach of code has occurred. In the event that the educational establishment does not take any steps toward rectification. then they shall be considered in breach of the code and such information shall be made public. The tribunal can also exclude the educational establishment from being a member of the code.

II.  The National Code for Accommodations managed by private managers

The National Code of Standards for Larger Developments for Student Accommodation is not managed and controlled by educational establishments is a law that is for privately managed student accommodation. The code intends to provide a voluntary framework to the member-owners, managers, and their occupants to help them in doing business with each other, effectively.

• The code standards have been developed to strike a balance between obligations and responsibilities between managers and their tenants. These standards have been designed in a way that the managers can comply with them without much expenditure of time and without any prejudice to their respective legal rights.
• The membership of the code is completely voluntary and any non-compliance of it would be considered a breach of faith. The National Audit panel is a designated body that shall keep a check on the members for any such breach. Any such information will be kept public for three years, even when the members are no longer associated with the code.
• This Code includes the version that received government approval in February 2006, as stipulated by the Housing Act 2004. Should there be any forthcoming legislation or regulations that pertain to operators of purpose-built student accommodation (PBSA), this Code will be revised and adapted accordingly to ensure compliance. Adhering to this Code not only signifies that members are following its provisions but also indicates their compliance with any other legislative and regulatory mandates.

Section 2: Equality and Diversity

According to Section 2, the managers shall not treat any specially-abled tenants less favourably according to the rules laid down under the Equality Act. They are also required to make any adjustments required to meet the needs of the specially-abled tenants, to keep up with Part 2 Chapter 2 of the Equality Act. The adaptation should be made in a particular time frame of them being requested.‍

Section 3: Before the Occupants Move In

• It speaks about the marketing of the property of the property before the students move in. This shall include the information provided on the websites, brochures, or any other platform.
• The providers shall be transparent with occupants regarding the contractual terms under which the space is being rented and the same shall be made available to the students.
• The prospective occupants shall be given a written copy of the contract when they sign it or at the time when they pay any advance rent, holding deposit, or deposit. For an occupancy agreement that is entered online, the occupant should be able to download the terms and conditions at the time of making an application.
• The occupancy agreement should not be in defiance of any unfair terms mentioned under Part 2 of the Consumer Rights Act, or any terms which are in conflict with any common law rights and should meet the requirements of the Tenants Fees Act, 2019.

Section 4-7: During the Period of Occupancy

• This speaks of the standards that should be followed by managers during the time of stay of the occupants. Members must be able to show that they have determined for themselves if any type of local government property licensing applies to any property that they are managing.
• Section 5 specifies letting the accommodation through a nomination agreement. In these agreements, it needs to be made clear how much student support is being offered to the students and how can they access it. The agreement should also have a clause regarding the sharing of the personal information of the occupants and should have their consent prior to sharing. Irrespective of the letting arrangement (direct letting or nomination agreement), the students should be provided with information about student support and sources of help for their well-being and mental health.
• All the members are required to maintain and manage the housing in accordance with the requirements of, and standards established in, the Homes (Fitness for Human Habitation) Act, 2018. They are also supposed to reduce the potential risks and hazards, as mentioned in the HHSRS.
• The managers should conduct a satisfaction survey every 24 months or less if the accommodation has more than 300 occupants. If there are less than 300, then the survey should be conducted every 36 months. These should be conducted at a time when all the residents or most of them are present.

Section 8: During the Occupancy

• This particular talks about the steps that need to be taken at the end of occupancy. The member should have clear written statements and guidelines for bringing the occupancy agreement to an end. It helps to clear any misunderstanding regarding the cleanliness and the condition of the property during the end of the agreement.
• Members are also required to return to the former occupants any balance deposit within 28 days of ending the agreement, or if the deposit is protected by the Tenancy Deposit Protection Scheme under the Housing Act 2004, then in accordance with the scheme.

Section 9: Complaints

• The contact from the students is accepted in the same way as the above code but there are some differences. For example, the managers are supposed to respond to complaints within 14 days and if any settlement is reached then they need to honor it within 14 days. The settlement reached should be recorded and should leave a clear audit trail.

III. Conclusion

The "Code of Standards for Larger Residential Developments for Student Accommodation controlled and managed by educational establishments," serves as a framework for both students and managers to conduct transparent and mutually beneficial business.  On the other hand, "The National Code of Standards for Larger Developments for Student Accommodation not managed and controlled by educational establishments" seeks to establish a balanced framework for property owners, managers, and tenants to foster effective business relationships.

Both codes remain adaptable to future legislative changes, ensuring continued compliance with relevant laws and regulations. Adhering to these codes not only signals compliance with their provisions but also demonstrates a commitment to providing quality student accommodation.

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