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Code of Conduct
INTRODUCTION
- The Rules contained in this Code of Practice form an integral
part of the conditions of membership of the Leicester Landlords
Association (L.L.A.). All applicants for membership of the L.L.A.
will be sent a copy and, in applying, each applicant agrees to
be bound by them.
- The Code of Practice aims to achieve and promote the highest
standards of conduct by members of the L.L.A. The Rules are also
aimed at protecting the public against restrictive or unethical
practices and provide a means of complaint against a member who
fails to honour them. By incorporating these Rules in the L.L.A.
it is our intention to promote good standards of accommodation
and service, and to develop a useful and mutually respectful,
co-operative relationship with tenants, local authorities, local
and national government representatives, and other agencies.
- While the L.L.A. will use its best endeavours to inform its
members of current and future legislation, it must be understood
that this cannot be all encompassing, and it will remain the responsibility
of individual members to obtain independent legal advice and guidance
on all matters.
BUSINESS CONDUCT
- All members shall adhere to the principles expected of Residential
Landlords and will at all times abide by the laws which are relevant
to landlords, and the Code of Practice of the L.L.A.
- References provided by a member must be honest and accurate.
- Members shall not use business methods involving dishonesty,
deception or misrepresentation.
- A member shall disclose to the Secretary of the L.L.A. any conflict
of interest that may arise while he is a member. A member will at
all times respect the confidentiality of his fellow members.
- A member will not discriminate in his dealings with prospective
and existing tenants on the grounds of their colour, creed, disability,
sexuality or politics.
- If Housing Benefit is paid directly to the member and there is
genuine overpayment then it shall be promptly repaid to the Housing
Benefit Department on receipt of a correctly paid invoice.
- Members shall pay all bills promptly within the terms of payment.
- Members shall endeavour to use the services provided by the L.L.A.
STANDARDS OF ACCOMMODATION
- Members shall comply with all relevant legal and statutory regulations.
- The accommodation shall be let in a clean and tidy condition,
with all appliances working, and an inventory shall be completed
at the beginning of each tenancy.
- Particular attention shall be paid to gas and electrical regulations
and regulations regarding fire safety and furniture.
- For houses in multiple occupation, particular attention shall
be paid to the common parts, the means and disposal of rubbish and
also the safety and security of the property against unauthorised
access.
MANAGEMENT
- Members shall comply with all relevant legal and statutory requirements.
The landlord shall use his best endeavours to ensure that the heating,
hot water, gas and electrical appliances operate properly and that
arrangements for refuse collection and disposal are adequate.
- The landlord or his agent shall periodically visit the property
to inspect the interior and exterior decoration and ensure that
repairs and maintenance are being properly carried out.
- For houses in multiple occupation, particular attention shall
be paid to the common parts being kept clean, safe and properly
lit. The landlord or his agent shall visit the property on a frequent,
regular basis.
- All tenant's rights as set out in the tenancy agreement shall
be respected. Tenants shall be given a telephone contact number
or procedure to be followed in the event of an emergency occurring.
The landlord shall ensure that this procedure works efficiently
in practice.
- The landlord shall give adequate notice of entry if he wishes
to inspect a property.
ADMINISTRATION
- The tenancy agreement shall:
a) specify precisely what rates, taxes, services or similar charges
are included in the rent.
b) include a receipt for deposit paid.
c) include an inventory with, if appropriate, a space listed against
each item to indicate the condition of that item.
- If the rent is payable weekly, the landlord will provide the
tenant with a rent book. If the rent is payable other than weekly,
a receipt shall be provided for all rent payments upon request.
- If a member employs a managing agent then the member shall either:
a) at the commencement of the letting personally sign the inventory
to confirm his acceptance of the agents description of the items
listed in the inventory or
b) delegate to the agent in writing the responsibility for compiling
the inventory and for deciding at the termination of the letting
whether all or part of the deposit shall be returned to the tenant.
- Members who hold deposits for tenants shall deal with refund
of deposit in accordance with the rules of the L.L.A. In the event
of the matter not being resolved satisfactorily, it shall be settled
by arbitration or recourse to the County Court. In the event of
such dispute, advice may be sought from the L.L.A., which will be
given without legal liability on behalf of the L.L.A. or its officers.
COMPLAINTS PROCEDURE
- The procedure which follows will be instigated when a formal
complaint is received by the Secretary. A formal complaint must
be in written form, signed by the person making the complaint, and
it must include a contact address for further correspondence.
- Having received a formal letter of complaint, the Secretary will
appoint three officers of the L.L.A. to form a Complaints Hearing
Committee (CHC), and will notify the landlord and tenant of the
date of the Hearing of the Complaint.
- The Complaints Hearing Committee will meet at an agreed time
and venue within 28 days of the complaint being received. The Secretary
will attend his meeting to record minutes and take instructions
on any agreed action.
- In the event of a dispute centring around the refund of a deposit,
the landlord may be asked to pay the deposit into the L.L.A.'s account
pending the outcome of the hearing.
- At the hearing, either side may call witnesses or give a written
statement to be read out at the hearing.
- The Complaints Hearing Committee will decide by majority vote
whether the complaint is upheld or the complaint is not upheld.
For the complaint to be upheld it must relate to an issue related
to the Code of Practice of the L.L.A. and be proved beyond reasonable
doubt to have occurred as stated. The Chairman will notify each
party of the hearing's decision, either orally or in writing as
appropriate.
DISCIPLINARY PROCEDURE
- Following a hearing of the Complaints Hearing Committee, the Committee
will consider whether to instigate disciplinary procedures against
the member. If the Committee decides, by majority vote, to discipline
the member it will either:
a) issue a formal written warning stating that if a similar complaint
regarding the members conduct is upheld at any future date, the
member concerned will be immediately recommended for expulsion from
the L.L.A. or
b) recommend to the Board that the member be expelled immediately
from the L.L.A.
CONSTITUTION
- The constitution includes articles describing:
a) The objectives of the L.L.A.
b) The responsibility and discipline of members.
c) The appointment and duties of the Executive Committee.
d) The payment of subscriptions, and the recording of accounts.
e) The procedures relating to meetings.
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