Update on the Consultation (23^rd June 2025)

The public consultation ran from 9^th April to 23^rd May and is now closed, and the results are being considered before a new Code is launched. 41 organisations responded to the consultation including members of the Code, Student Unions, Universities, Local Authorities and Investors. Thank you to everyone that took part, all responses help to shape a better standard.

About the Review

The Code is being reviewed now because:

• The government’s Renters Rights Bill proposes a number of significant changes to the private rented sector
• As part of these proposals, the government has set out its intention that members of the National Code for Non-Educational providers will achieve a form of specified status that gives them exemption from many of the provisions of the Renters Rights Bill
• To enable this exemption, the National Code for non-educational providers needs to change.

The proposed changes are the subject of this consultation.

If you have any questions about the Review  please email [email protected] 

Next steps for the Review

The Consultation results are currently being considered in the context of the proposed changes. A draft Code is being finalised, and will progress through National Code governance approval before being submitted to MHCLG in late July. It will then be scrutinised by government lawyers, before being subject to a final public consultation, following which it will be submitted for Parliamentary approval.

It is the intention of MHCLG that the new Code be launched at the same time as the Renters’ Rights Bill is enacted. At the point (23rd June) the exact date for this is not set although it is understood it will be sometime in the 2025 – 2026 academic year.

Summary of the Main Proposed Changes

The key changes that were  consulted on include:

• Displaying accurate and timely information about Code membership
• Occupants to have the ability to withdraw from their tenancy agreement if they permanently withdraw from University their course or suspend their studies due to significant ill-health
• Provisions in the event of the death of an occupant
• That members will continue to protect any deposits taken in a Government approved Tenancy Deposit Scheme
• Expansion of requirements in line with the Building Safety and Fire Safety Acts
• A revised section on Complaints
• A new section on Joining the Code, which seek to make the membership process clear and unambiguous

Background to the Changes

The Government have announced that PBSA suppliers that have signed up to a Government approved Code of Practice will be given the status of “specified bodies” following permitted regulation under Paragraph 8 of schedule 1 Housing Act 1988. This is currently the case for specified educational institutions but this will be extended to other PBSA Code members. 

PBSA exemption from the provisions of the Renters Reform Bill presents a number of options, opportunities and risks relating to the National Code for Non-Educational Providers. The other two Codes already fall outside of much of the existing legislation relating to assured tenancies (licensing, deposit protection and the Landlord and Tenants Act 1954). It has been agreed with the Ministry of Housing, Communities and Local Government that this is an opportunity to ensure that students renting under the National Code for Non-Educational Providers do not lose certain rights and that this is an opportunity to provide some further rights giving students greater tenure flexibility, reflecting certain ideas behind the Bill. It will also be important to address issues about joining the Code and what happens following expulsion of a member.

It has been previously agreed with MHCLG that the National Code for Non-Educational Providers would be reviewed every five years. The previous review was completed on 2nd March 2022 and so the next review date would normally be 2027. Because of the importance of making some changes within the Code, as a result of the Renters Reform Bill, it has been agreed that there will be an interim review which will aim at bringing in any changes over the summer of 2025, in line with the proposed date of implementation of the Renters Reform Bill. This interim review will not affect the overall 5 years cycle previously agreed and so a full Code review will take place culminating in those changes being made for 2027. This interim Code review will therefore have a more restricted aim than that carried out every five years.

Principles Guiding Change

A paper was presented to the National Code Committee of Management at its meeting held on 5 November 2024 which approved a number of principles guiding change for this interim review, which were:

• The National Codes will continue to act primarily in the interests of students (this reflects the existing commitment within the “Purpose” section of the Code “to act in the best interests of students”
• Existing rights: On balance, student rights should not be disadvantaged by a move out of the assured tenancy regime and the National Codes will seek to adapt membership criteria to ensure appropriate rights continue
• New rights: Consideration will be given to how the new rights for tenants in the Bill can be introduced into membership criteria in a manner that pays regard to the needs of landlords/operators.
• Review: It will be necessary to review the content of the Codes, but the scope of this will be limited to aspects with relevance to the Bill.
• Consultation: Members of the Code will be involved in the review and consulted about any changes to the Code
• Student voice: Unipol will consult with students about any proposed changes
• Transparency: The Codes will provide transparent information to the Committee, members and other stakeholders about how decisions have been taken
• Guidance: The Codes will provide clear and detailed guidance about any new membership criteria, and also about the requirements of the Bill as more becomes known

The Code Consortium Meeting held on Thursday 21st November 2024 endorsed these principles. With the proposals set under the proposed Renters' Rights Bill, the National Code is being reviewed in line with the legislative requirements and updates.

Contact

If you have any queries about the consultation please get in contact:

[email protected] 

0113 205 3406