Marketing properties
Property details
3.1 Members will describe all property details accurately; without misrepresentation to prospective occupants; and in accordance with:
the Consumer Rights Act 2015; and
the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) published by the Advertising Standards Authority.
The property details will be included in brochures and on websites. Details will make clear the total number of bed spaces in each development. Where a Member’s accommodation (including new-build and off-plan) is promoted by an educational establishment, the Member shall ask the establishment to:
make it clear in its marketing materials who the accommodation provider is; and
state clearly the management organisation charged with both occupant and building responsibilities.
3.2 Members will put in place an appropriate mechanism to support rapid updating of publicity material to reflect changes to details of specific properties or services.
Transparency: occupancy agreements, pre-letting payments and rent liability
Members will:
3.3 Inform all prospective occupants about any contractual terms under which the property is offered and enable a copy of these to be either provided or downloaded.
3.4 Not demand from students any money (apart from deposits or rent) before the signing and exchange of any letting agreement;
3.5 Give all occupants a written copy of the occupancy agreement at the time they sign it or at the time they pay any advance rent, holding deposit or deposit. For occupancy agreements entered into online, students should be able to download the full terms and conditions of the agreement at the time they make their application. Members must make this facility clear to students upfront. If a student asks in writing for a paper copy of an agreement, the Member must send them one within five days;
3.6 Make sure that their occupancy agreements:
do not contain any unfair terms, as defined in Part 2 of the Consumer Rights Act 2015;
do not contain any terms or conditions that conflict with the occupant’s statutory or common law rights; and
meet the requirements of the Tenant Fees Act 2019.
3.7 Issue prospective occupants with:
a clear statement of the rent to be paid, including the due dates, amounts and methods of payment, together with any penalty or other charges that may be applied and receipts (electronic or hard copy) for monies received, whether in payment for rent, deposit, utility or service charges.
Wi-Fi provision
3.8 In marketing (and occupancy) information, Members shall make clear for the benefit of occupants and prospective occupants:
whether Wi-Fi is included in the rent or at an additional cost
exactly what sort of provision is being made available to users, especially where the ‘free’ elements cover only a base service and a charge is made for enhancements to this
details of where within and around a development Wi-Fi coverage is available.
3.9 Where a numerical speed claim for broadband service is made, it should be possible to demonstrate that the speed (which should be the median and described as an ‘average’) is achievable for at least 50 per cent of the relevant customer base at peak time (defined by Ofcom as between 8.00pm-10.00pm). The Member must state in terms easily understood by occupants the likelihood of the broadband service not being able to meet their service expectations. Speed checking facilities, for example those provided on internet service provider (ISP) websites, should be promoted in adverts whenever possible.
3.10 Where the Wi-Fi network has a limit on the number of different wireless devices that can be registered on the network, this should be made clear in all relevant information and marketing materials for the benefit of occupants and prospective occupants.
Promoting Code membership
3.11 In dealing with occupants and prospective occupants, both at the time they collect keys (or equivalent) and throughout their occupancy, Members shall give a high visual profile to:
their own membership of the Code;
their responsibility, as a Member, to meet the standards the Code sets; and
the benefits of Code membership for occupants.
3.12 It is a condition of membership being awarded that a Member will feature the Code logo on their website(s), in accordance with the Provision of Services Regulations 2009. The logo should appear in connection only with the buildings that are within the Code. The NCA will liaise with a new Member so that at the point membership is awarded this display immediately takes place. In the event of non-compliance from an existing Member non-display must be rectified within 5 days of notification from the NCA.
Contact details for staff
3.13 Members will give occupants the name and contact details of all staff involved in the management of the relevant development at the start of their occupancy agreement. These details will include the times that staff will be available, plus a schedule of their duties. Members will notify occupants of any changes to senior on-site accommodation staff, and give them any new contact details within 5 days.
Late construction: managing the problem and communicating with students
3.14 Members will abide by the requirements of the New and refurbished buildings protocol (Appendix 5 to this Code), where:
a building is new, or undergoing refurbishment and the building programme is running late; and
this may result in pre-let rooms not being ready for occupancy.
In these circumstances, the Member is specifically responsible for:
informing future occupants about:
any delay or inconvenience they may experience;
who in particular they can contact at the provider to get further help and information;
notifying the NCA of the position within one day of the occupants having been informed;
informing the NCA within the same timescale what action they have planned;
contacting any other relevant parties to outline what action they are taking within not longer than 2 days after they have notified the NCA; and
reflecting any delay or temporary loss of amenity in any subsequent marketing material.
3.15 If a room is not ready for occupation on the date that the occupancy agreement begins, the Member shall provide suitable alternative accommodation in an adjacent building or, in any event, in a building within half a mile of the original development.
3.16 Where it is not possible to provide the alternative room in line with 3.15 above, the Member shall endeavour to source this provision through other suppliers within:
the same local housing authority area; or
a 20-minute walk of the student’s main study location.
Where this is not possible, the Member should contact the NCA immediately for further advice.
3.17 Where rooms are not ready for occupation the Member will:
give the affected students seven days to decide whether they want to leave the contract. This notification will be in writing and the seven-day period commences from the date that the student is informed that the relevant room is not ready for occupation on the planned date.
not impose any financial penalty for cancellation on students who do decide to opt out.
make a payment of £200 for the initial inconvenience of not being able to occupy their chosen room (applicable even if the student leaves the contract).
3.18 When students leave their contract (this would include entering into another contract for substitute accommodation), the Member’s obligations will cease on that day.
3.19 Where rooms are not ready for occupation and the student chooses to wait to occupy their room, Members:
will charge no rent for any period the room is unavailable and will only start billing students once they have moved in;
may charge a student who occupies a substitute room an appropriate rent, as long as the rent for the substitute room is not higher than the original rent.
will ensure that, where the substitute room does not give access to appropriate self-catering facilities, the provision of appropriate meals does not cost the occupant more than they would be paying under the original agreement.
will pay any laundry costs that the student incurs when a student spends more than seven days in the substitute accommodation and no laundry facilities are provided.
will either:
provide an appropriate service to move all the occupant’s belongings; or
reimburse the occupant for appropriate removal costs
when an occupant transfers from the substitute room to the completed development.
will reimburse an occupant, in full, for reasonable additional out-of-pocket expenses that they incur as a direct result of taking up the substitute accommodation (for example, travel costs in excess of what they would in any case have had to pay against submitted invoices);
shall ensure the supply of a similar service at the alternative accommodation, free of charge, where the occupant’s original offer included access to Wi-Fi; and
will notify all relevant educational establishments and their students’ unions at the earliest opportunity where rooms are being affected by delays.
3.20 Where a building is under defects procedures and building work needs to be carried out, the Member shall inform occupants about the timescale for any works affecting them. Members will also provide the occupants the name, email address and phone number of a responsible person they can contact for any further information or in the event of any difficulties caused.
3.21 The Member shall provide the NCA with copies of relevant correspondence sent to students in connection with their room being late.
3.22 If a student is unable to occupy the room that they reserved 8 weeks after the beginning of the academic year, then the Member will not charge them rent (including for temporary substitute accommodation) until they are able to occupy the room that they reserved. Students will also be given a further opportunity to leave their occupancy agreement with no financial penalty for cancellation (when 3.18 will apply).
3.23 Where a student’s occupancy agreement is continuing Members will make the following payments per student in the circumstances described below:
£200 per week for the second to the fourth week that a room is late
£500 for each subsequent four weeks (pro-rata in respect of part weeks) that a room is late after that; and
£100 each time a notified moving-in date is postponed.
Building Remediation
3.24 Members will ensure that where works are being undertaken to meet or improve safety standards (often relating to fire safety) they have taken all necessary steps to adhere to the Government’s Code of Practice for the remediation of residential buildings
The key points of the Government Code are:
occupants should be informed of the nature of the works, the works programme (as it affects them) and the reasons for them, in a timely manner. Occupants must be informed of works even if their agreement is close to coming to an end.
inconvenience to occupants should be minimised.
where the inconvenience caused is judged to be significant, suitable alternative accommodation (including elsewhere within the building should be offered).
Members must make clear to occupants how they can question, raise issues, make complaints relating to the project and that the Member will address a complaint within their existing complaints procedure.