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  1. Complaints
  2. Complaint FAQs

Complaint FAQs

What kind of complaints can the National Code help with?

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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

    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.

     

    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.

     

    It is not within the remit of the National Code Complaints Process to intervene in the following:

     

    • 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 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.

    Published: 1st January, 2020

    Updated: 5th May, 2026

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    Who can complain to the National Code?

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    The National Code Complaints Process is open to tenants and parents / guardians representing the tenant.  If the complainant is a representative of the tenant, we will require permission in writing from the tenant.   

    We can accept complaints from former tenants, however Complaints cannot be submitted more than six months after the end of the tenancy.

    The National Code Complaints Process is also open to universities, local authorities, the company secretary of Unipol Student Homes, and the Vice President (Welfare) of NUS (but only in respect of general issues relating to the Codes).

    Published: 2nd January, 2020

    Updated: 12th June, 2024

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    I want to cancel my contract / end my tenancy early. Can I complain if that is not agreed?

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    Tenancy contracts are legally binding agreements. It is likely that your tenancy is a common law tenancy (if signed after 1 May 2026) which will set a minimum contractual term for you to rent a room.

    If your contract was signed before 1 May 2026 it may well, after the implementation of the Renters’ Rights Act, be an assured tenancy, in which case you can give two months’ notice to move out.

    There are provisions in the Code for common law tenants where occupants can give four weeks’ notice (clause 4.6) if the occupant has withdrawn from or been excluded from or refused admission to their institution of study or if the occupant has been absent from their course for more than 60 days due to illness and has agreed with their higher education (HE) provider to suspend their studies.

    Clause 4.7 dealing with the death of a tenant also brings any occupancy agreement to an end.

    Otherwise, most providers will allow an occupant to leave if they find a replacement tenant to take over the remainder of their contract. You may want to ask the provider if they can help you advertise your room online.

    Your accommodation provider will have a policy for tenancy release in exceptional circumstances, and this is at their discretion.  The National Code cannot compel an accommodation provider to release a tenant from their contractual obligations.

    Accommodation providers should honour the terms and conditions of any offers (for example “no visa/ no pay”), providing you meet their criteria.

    Many contracts are now completed on-line.  There's no need to physically sign a contract, or make a payment, to enter into a legally binding agreement.

    If there is any confusion as to whether you are bound to a contract, the accommodation provider should be able to provide you with a copy of the contract. 

    If, for any reason, a room was uninhabitable, then the National Code would expect alternative accommodation to be offered. 

    We recommend you obtain legal advice to fully understand your rights and obligations.  Your students’ union advice team or the Citizens Advice Bureau may be able to provide free legal advice and support.

    Published: 3rd January, 2020

    Updated: 5th May, 2026

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    Is there a deadline for making a complaint?

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    Complaints must be received within 6 months of the end of the tenancy.  

    Published: 4th January, 2020

    Updated: 27th November, 2025

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    Do I need to do anything before making a complaint?

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    Before making a complaint to the National Code, you should raise the complaint directly with your Accommodation Provider.  We may ask to see evidence you have done this.  

    Your Accommodation Provider will have their own procedure for handling complaints.  You should find this on their website, along with contact details and timescales for responding. 

    If you have problems accessing your Accommodation Provider’s Complaints Procedure please get in touch.

    Published: 4th January, 2020

    Updated: 12th June, 2024

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    I don’t want to make a formal complaint, I only want some advice. Can I contact the National Code?

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    Yes, you are welcome to get in touch with us for general advice on any issues you may be having with your accommodation provider and we will do our best to help. 

    Published: 1st February, 2020

    Updated: 12th June, 2024

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    Can I make an anonymous complaint?

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    We are happy to have an informal chat and pass feedback on anonymously - just get in touch.

    Unfortunately we’re unable to escalate anonymous complaints through the formal complaints process because this would require investigating the specific details of the case and sharing information with our members. 

     

    Published: 2nd February, 2020

    Updated: 14th June, 2024

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    Can the National Code award compensation to me?

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    Neither the complaints process nor the independent complaints Tribunal can award compensation to you. As a voluntary code of practice, the National Codes has no authority to determine claims for or compel members to provide compensation, with the exception of some prescribed payments in relation to new or refurbished buildings and late construction.

    Claims for compensation are legal matters which are typically resolved through court action or by negotiation between the landlord and tenant, and the National Codes cannot be involved in this process. If you feel you should be paid compensation you should put your reasons and specific claims into a letter to the provider.

    Compensation is a payment that covers any loss you have suffered and puts you in the same position had that loss not occurred (in so far as a monetary payment can do that). Compensation rarely covers inconvenience where no actual loss has occurred.

    If you are considering court action because you have suffered financial loss or inconvenience, we recommend contacting your Students’ Union advice team or Citizens  Advice Bureau for some legal advice.

    Published: 2nd March, 2020

    Updated: 11th May, 2026

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    I don’t agree with the deductions to my deposit by my accommodation provider. Can I complain to the National Code?

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    Most Members of the Code are required to protect deposits taken with a Government approved Tenancy Deposit Protection (TDP) 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.

    In England and Wales, your deposit will be protected under one of the following schemes:

    • Deposit Protection Scheme
    • MyDeposits
    • Tenancy Deposit Scheme

    There are separate TDP schemes in Scotland and Northern Ireland.

    If you think your deposit has not been protected then that this is in breach of the Code and a complaint can be made about that. You can also complain if your deposit has not been returned within 28 days after the end of your tenancy.

    If the Code Member is not required to protect your deposit under the Code or legislation then you can use the Code Complaints Process but, remember, you must complain first to your provider.

    Published: 3rd March, 2020

    Updated: 5th May, 2026

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    Can I complain about discrimination, victimisation, bullying, racism, ableism, homophobia, transphobia, harassment or abusive behaviour?

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    Student Accommodation should be an inclusive and safe environment for all tenants and staff. 

    Section 2 of the National Code refers to Equality and Diversity and the unlawful treatment in accordance with characteristics protected under the Equality Act of 2010.  Our Complaints Process is able to handle complaints about alleged breaches of this section of the Code.  

    The National Code would expect Accommodation Providers to demonstrate commitment to tackling any intimidating, hostile, or offensive behaviour.

    Any complaints about staff members should be taken seriously and handled with professionalism. The National Code requires of our members:

    1.1 Their business is pursued in a professional, courteous and diligent manner at all times

    And :

    9.2 They provide occupants with a way(s) to raise matters of concern in confidence

    If you’ve raised a complaint about a staff member but have concerns about the way your complaint is being handled then we’d be happy to discuss this and explore the best way forward.  

    When it comes to controlling the behaviour of other tenants, Accommodation Providers may offer support through mediation, or by sending 'warning letters', but they are often limited in what practical action they can take.  It’s rarely possible to remove the perpetrator, and the eviction process can take a prohibitively long time.  One option is to try and find alternative accommodation for the person affected by the behaviour.

    Universities and Colleges are usually better placed to deal with the behaviour of students under their Code of Conduct or Disciplinary Procedures, and able to investigate complaints and impose effective sanctions.  

    If you’ve raised the complaint with your academic institution but aren’t satisfied with how your complaint has been handled, you can ask the Office of the Independent Adjudicator for an independent review:  

    https://www.oiahe.org.uk/

    Your Student’s Union or Student Support Services may also be able to provide (or signpost to) appropriate support.   

    It is important to stress that Illegal, abusive or threatening behaviour is best reported to the Police.  Your institution may have a dedicated Police-Student Liaison Officer who can support you with this.   

    Unacceptable behaviour can cause great a great deal of distress and can have a significant negative impact, but there is often a reluctance to report it formally, and there can be many reasons for this.  The National Code is interested to hear about your experiences and we’re happy to have an informal chat, in confidence, to gain an understanding how we can help.  

    Other external sources of advice and support:

    Your local Citizens Advice Bureau (CAB) can provide free and impartial advice:
    www.citizensadvice.org.uk

    The Equality and Human Rights Commission (EHRC) is a statutory body charged with enforcing anti-discrimination legislation:
    www.equalityhumanrights.com 

    Liberty is a national organisation which campaigns for human rights and equal treatment:
    www.libertyhumanrights.org.uk

    The Disability Law Service provides advice and support specifically on disability discrimination:
    https://dls.org.uk/free-advice/online-advice/disability-discrimination-law-advice

    Student Space, run by Student Minds has tailor-made resources for and by Black students: 
    www.studentspace.org.uk/wellbeing/life-as-a-black-student

    Published: 1st April, 2020

    Updated: 7th October, 2024

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    Can I see a flow chart of the National Code Complaints Process?

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    See here for a flow chart of the National Code Complaints Process. 

    Published: 3rd April, 2024

    Updated: 15th May, 2026

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    Can you make adjustments to the complaints process to make it more accessible ?

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    Yes - We want our service to be accessible to everyone who needs to use it.  A tenants (or their representative) can contact us by email or phone to discuss adjustments they would like us to consider making to our process or to how we communicate. 

    Published: 7th October, 2024

    Updated: 14th October, 2024

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