National Student Housing Codes – Context and Development

1. National Student Housing Codes –Context and Development London Student Housing Conference Monday 30 June 2008 John Daniels Chair of the Committee of Management ANUK/Unipol Codes for Larger Student Developments

2. Student Codes of Practice - Overview Important to know where we have come from I will cover: • Past Context – Accreditation & Legislation • Present Situation – current scope of Codes • Future development – what’s to do?

3. Codes of Practice – in Context I see the Codes as Accreditation in Action Explained By: • Historical Background • Legal Framework • Government Policy • Internal Drivers

4. Codes as Accreditation in Action • Accreditation is Voluntary not Compulsory • About Quality of Property & Management • Marketable Badge of Quality exceeding legal minimum • Govt/LAs/Landlord Bodies/ANUK in partnership endorsing good landlords • Support from Shelter, NUS etc too • Also about good tenants

5. Codes – Historical Background • 1999 Birmingham University asked by govt to research ‘What is Accreditation?’ • May 2001 Philip Leather’s report & guide published • Oct 2001 Leeds CC & Unipol Conference • May 2001 ANUK formed • Dec 2001 First ANUK National Conference • July 2003 First draft Student COP to ANUK SG • Sept 2004 HA04 to provide for approved codes • April 2005 ANUK and UUK Codes are ACOPS

6. Codes – the Legal Framework Precedent for Government Approved Codes Of Practice • Leasehold Reform, Housing and Urban Development Act 1993 section 87 – RICS Code Housing Act 2004 • Sections 55, 259, Schedule 14 – what is/ is not an HMO for licensing • Section 233 – approval of Codes of Practice for HMOs whether or not licensable NOTE Schedule 14 excepts buildings complying with a code that are specified by order

7. Codes go beyond Law Codes are not just legal requirement • Self contained flats not licensable • Codes go beyond a legal minimum • Codes offer marketable badge • Codes are aspirational • Codes offer scheme for management control

8. Government Policy & Codes • Supports accreditation and self-reg in PRS • Cannot legislate for everything • Legislation a sledgehammer & slow • Accreditation supports objectives of licensing • Compliance with codes avoids extending licensing to educational establishments

9. Govt Criteria for ACOPs General Requirements 1. Type of Code - licensed HMOs or excepted accommodation. 2. A national code clearly states its scope and properties it covers. 3. Who maintains and owns code (say Committee of Management) 4. Who will ensure compliance - adequate procedures for accrediting 5. Mechanisms for dispute resolution arrangements and complaints 6. Code should apply to the management of the property …Etc. Particular Requirements for Student Accommodation 1. Code should simply deal with housing matters. 2. Written terms of tenure 3. Contact details for their landlord. 4. Range of safety provisions …Etc.

10. Govt concerns about ACOPs Response to Consultation March 2006 • Codes ‘broadly meet’ its criteria • Codes seen as ‘work in progress’ • Need for annual reviews & annual reports • Protocol important: convergence in 3 years • Can withdraw ACOP status if unsatisfactory • Need for fully tried complaints mechanisms • Need for adequate compliance checking

11. Internal Drivers Govt response shouldn’t be only driver • Members want Codes to be good badge • Highlight problems with non-members • Importance for internal management audits • Concern to ensure standards are maintained • Need to maintain momentum • To keep codes fresh and moving on

12. Current Scope of Codes Marketing: contract, deposits, inventory, contacts. Tenancy managed: access, repairs, cleaning, facilities (furnishing, baths, toilets, laundry, mail). End of Tenancy: Deposits (HA04?), References. Disputes: ANUK – Tribunal, UUK - University procedures/Office of Independent Adjudicator. Compliance: ANUK - Self-cert Audit Framework, UUK - University auditors (Management Cttes).

13. Current Situation on Codes • Half yearly SIs for HMO exemptions • Annual Reports on Codes • Concerns about UUK Code • Annual Revisions of Codes

14. Developments of ANUK Code Since becoming ACOP March 2006 • New Members • Detailed Technical Changes • Development of Assessment & Verification • Testing Complaints procedure • May become ACOP in Scotland & N Ireland • Improved Marketing being developed • Survey of Housing Managers in hand • Review of Code in hand

15. Review of the ANUK Code Chaired by Dennis Hopper (CUBO & Leeds) to review • Reduce physical standards: focus on management • Gold standard good but scope for tiered approach • Peer to peer review by educational institutions Key NUS role New Code to be submitted to DCLG for new ACOP w.ef January or April 2008

16. Impact of Future Govt Policies Read-across from Private Renting Policies: • Tenancy Deposits • Select Committee Report published 28 May • DCLG Rugg Review reporting October • DBERR (Business, Enterprise & Reg Reform) – Regulation of Letting Agents (also RICS Carlsberg Review)

17. Likely Review Outcomes? Select Committee Report: • Govt’s response will hinge on Rugg review • Need to encourage institutional investment • More research on needs of students/immigrants • Concerns about Buy to let/leave empty • Linking accreditation and landlord registration? • Regulation of Letting Agents (accreditation/OFTENANT?) Review by Julie Rugg (Centre for Housing Policy York): • Wide remit to look at who uses PRS and future prospects Probable outcome: greater emphasis on accreditation

18. To the Future • Scope of Codes • Emphasis on Management • Role of UUK Code? • Convergence of Codes? • Dynamics? The floor is open to suggestions!