The Legislative Framework

Both of the ANUK/Unipol National Codes were approved by the Secretary of State under the Housing Act 2004. Members of this Code are required to be compliant with relevant legislative and regulatory requirements, in particular: housing, building, planning, disability discrimination, equal opportunities and data protection. Sometimes legislation for England is referenced in the Code.

Where future legislation/regulation made apply to the operators of larger student developments, this Code will be updated accordingly.

With the commencement of the Renters' Rights Act (RRA), members of the Non-Educational National Code were given an exemption from most areas of the new legislation.

On tenure - the legislation which specifies members of this Code are able to grant common law tenancies, in pursuant to paragraph 8 of schedule 1 of the Housing Act 1988, applies only in England.

A guidance document on the Renters Rights Act and how the legislative framework operates for National Code members has been produced. It covers:

• Who can/cannot be a member for the purposes of the exemption

• What is a Common Law Tenancy and when they can be issued

• The transitional phase for implentation 

• The new National Code for Non-Educational providers and the requirements added related to the RRA

The guidance note can be accessed here.

Please note that the National Code cannot provide members, applicants or students with legal advice.

Members of the ANUK/Unipol National Code for Educational Establishments may be exempt from the licensing requirements of the Housing Act 2004 (“the Act”) (except Part 1) which apply to houses in multiple occupation (“HMOs”). Establishments may be excepted from the licensing requirements by regulations made under paragraph 4 of Schedule 14 to the Act.

More details of the legislative implications of compliance with the Code are included in appendix II of the Educational Code document.