National Code Complaints
What we can help with
The National Code Complaints Process can handle complaints about breaches of the National Code.
The National Code is split into sections which include the following:
Section 1 Accommodation Providers should conduct their business “in a professional, courteous and diligent manner at all times”
Section 2 Equality and Diversity
Section 3 Prior to Occupancy
Marketing and the accuracy of property details
Tenancy Agreements / Contracts
Wifi
Late construction
Fire Safety Remediation Works
Section 4 During Occupancy
Ending the occupancy agreement - withdrawal form the institution and illness
Death of a tenant
Access notification
Repairs and maintenance – including repair timescales
Facilities (Bedrooms, Kitchen, Bathrooms, etc)
Post / Parcel Deliveries
Section 5 Health and Wellbeing
Section 6 Health and Safety
Hazards
Fire safety
Building Security
Environment
Lifts
Section 8 Deposits
Section 9 Handling Complaints and Disputes
There are a specific number of payments stipulated within the Code that Members have to pay to their student occupants in the event of late construction or building works affecting occupancy of a building. It is possible to make a complaint if you feel these payments are not being made.
Things We Cannot Help With
It is not within the remit of the National Code Complaints Process to intervene in legal disputes pertaining to matters of law, such as contracts, rent and rent levels, and specific levels of compensation that might be due under a legal process.
It is possible to raise issues about breaches of the Code that may fall within these areas if a specific breach can be identified, for example, if a contract appear to be in breach of legislation or standards referenced in the Code (for example The Consumer Rights Act), or where a provider is not allowing an occupant to end their contract where this is a stipulation of the Code (for example if they are withdrawing from their course or are ill).
Although the Code Complaints Process cannot award compensation, it is possible that, as a result of a complaint, the Member will seek to offer some monetary recompense: that is a matter between the student and the Member.
If your complaint concerns legal matters (including compensation) we would recommend you get some legal advice: your students’ union or Citizens’ Advice Bureau (CAB) may be able to assist you in this.
The complaints procedures cannot be used in situations where the courts have already become involved, where police action is pending or a criminal charge has been laid. In the event that a complaint is being investigated when this happens, the investigation will be suspended until those matters are legally resolved, after which the complaint, if requested and necessary, could proceed.
Note on Deposits - Most Members of the Code are required to protect deposits taken with a Government approved scheme. Those schemes have specific complaints and adjudication systems which must be used to challenge any refusal to return a deposit of where there is a dispute about the type or level of any deduction made. If you think your deposit has not been protected and that this is in breach of the Code, then a complaint can be made about that. You can also complain if your deposit is not returned within 28 days after your tenancy ends and the National Code can intervene on your behalf.