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Code of practice, constitution and disciplinary and appeals procedure

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CODE OF PRACTICE
CONSTITUTION
COMPLAINTS, DISCIPLINARY & APPEALS PROCEDURES

Complaints procedure
Disciplinary procedure
Appeals procedure

Members of Gateshead Private Landlords Association agree to abide by the terms and conditions set out in this section.

Code of practice

Aims of the Code - to:

provide a statement of standards for all members of Gateshead Private Landlords Association to agree to abide by.
ensure a good standard of service within the private rented sector
clarify relevant statutory obligations
provide a means of resolving disputes
provide a good standard for the provision of private rented housing in the Gateshead Borough.
Assist members to choose a responsible tenant

Business Conduct

dishonesty deception or misrepresentation or intimidation shall not be used
good principles and the law relevant to residential landlords shall be observed at all times.

Management Duties - members must

Members to ensure all properties comply with all relevant legislation and local authority requirements.
Always use an appropriate vetting service for new prospective tenants This service is provided for all members of the Association. Please note: Failure to carry out this vetting could result in disciplinary action from the Association should there be anti social complaints about this tenant at a later date.
Ensure that heating, hot water, gas and electrical appliances operate safely and properly.
Arrangements for refuse collection and disposal are adequate.
Respond promptly to all reasonable requests for repairs and other assistance from tenants.
Not discriminate on grounds of sex, race, age, religion, marital status or disability.
Respect the tenant's rights as set out in the tenancy agreement
Have policies and procedures for responding to alleged incidents of anti-social behaviour, harassment or other nuisance problems.
Communicate clearly, concisely and courteously.
Ensure a contact name, address and telephone number is available and suitable procedures/contacts are in place in the absence of the landlord.
Ensure that dwellings are not overcrowded.
Keep information relating to tenants confidential
Assist tenants in understanding their tenancy agreement giving an explanation of the rights and responsibilities of both the landlords and tenant and assist tenant with completing tenancy agreement documents and associated paperwork (Assistance can also be given from Gateshead Private Landlords Association)
Regularly inspect the property to ensure it is free from disrepair. This should be at a time and date suitable to the tenant. Members should respect their tenants' privacy and should not enter properties without a tenant's consent.
Ensure rents and charges are lawful
Members should ensure that all tenants are given adequate advice and guidance on how to use any appliances available for use within the premises.
Ensure property has adequate insurance cover
Consider using arbitration/mediation prior to pursuing legal proceedings where possible.
Have policies and procedures for handling tenant concerns.
Members acquiring new property must inform the resident tenants in writing of the purchase of the property as soon as possible. Under existing legislation, until this notification, both the old and new landlords are liable for any breach of the landlord's covenants

Accounting for payments from Tenants - for each tenant you should:

Keep separate accounts
Keep formal records of all money received and expenditure incurred and the current balance
Where a discrepancy arises, ensure that the tenant is adequately advised as to any outstanding balance/arrears.
Give a receipt of written record for all monies received from tenant

Deposits

Where a deposit is held adequate information to be given to the tenant as to why deposit is held and the circumstances in which it will be retained.
A receipt for any deposit should be issued.
Deposits to be returned promptly or tenants given written reasons for withholding it.
Deposit should be held in a separate account.

Rent Payments - Tenants shall be given:

Information given to the tenant relating to the rent should be clear and easily understandable
A rent book or legal equivalent should be provided if rent is paid weekly
Rent reviews must be in accordance with the appropriate legislation
Where a tenants claim for housing benefit results in overpayment members should liase effectively with the Local authority to ensure any legitimate overpayments are repaid.

Arrears - Landlords should:

Monitor rents received to ensure arrears do not unnecessarily arise.
Inform tenant immediately if housing benefit paid direct to the landlord ceases or is varied.
If it has been determined that arrears have accrued, members should ensure that tenants are given a breakdown of the nature of the arrears.
If arrears result in the necessity to pursue legal proceedings to recoup arrears or seek possession of a property, members should ensure they comply with all relevant legislation. Where necessary obtaining advice and assistance from your local Landlords Association, Solicitor or other legal representative.

Property Standards

Members shall ensure that their property is generally in a good state of repair and in a good clean condition.
New members shall ensure that, within six (6) months of joining the Gateshead Private Landlords' Association, they have all their properties inspected for the purposes of the Accreditation scheme. Following the inspection, a schedule of work will be issued, where applicable.

Within twelve (12) months of receipt of the schedule of work, members should ensure that the work is completed. The properties will then be accredited.
Existing members shall ensure that, within an agreed timescale they have all their properties inspected for the purposes of the Accreditation Scheme. Following the inspection, a schedule of work will be issued, where applicable. Within twelve (12) months of receipt of the schedule of work, members shall ensure that the works are completed. The properties will then be accredited.

Members will ensure that empty properties which they own/manage are kept in a secure condition and members should respond rapidly to re-secure a property if it becomes open to access and/or a danger to public health.
Members should ensure that all properties comply with all relevant legislation. In particular valid safety certificates, where appropriate, should be provided for all relevant gas and electrical installations and appliances.
Common areas and shared yards shall be kept clean and well tended in accordance with the tenancy agreement
All properties shall be regularly maintained including space heating appliances and domestic hot water systems.
Members should ensure properties comply with current Fire Safety legislation including those in respect of furniture and furnishings.

Repairs:

The responsibility for repairs is as set out in the tenancy agreement
Members should have an established procedure for dealing with urgent repair work
Members should follow the procedure given in the tenancy agreement for inspection of the property at reasonable times and with reasonable notice.
Members should ensure that tenants are aware that it is a legal requirement for landlords to be given access and reasonable facilities to do repairs and give as much notice as possible when access is required.
Members should ensure repairs are carried out in a workmanlike manner and satisfactorily completed within a reasonable time period.
Where members have arranged for works to be carried out, they should ensure that the work is carried out in accordance with the appropriate legislation and codes of practice to ensure the safety of residents and the workforce.
Where members have arranged for works to be carried out, consideration should be given to the tenant to minimise disruption as far as practicable.

Disputes - Landlords should:

On receipt of a complaint relating to the occupation by or behaviour of the existing tenant carry out a thorough investigation, where necessary, in co-operation with relevant interested parties such as the Police or the Local Authority. Where a complaint is found to be justified, the landlord shall enforce, as far as practicable, the conditions contained within the tenancy agreement.
Comply with the Association's Anti-Social Behaviour Protocol (available on request).
Deal fairly with all parties.
Endeavour to resolve disputes by informal means before pursuing formal action.

Termination of Tenancies - Landlords should:

Serve the prescribed statutory notice and if necessary take court action
Be aware that they cannot take possession until the tenancy has come to an end and the tenant has vacated or a court order is obtained.
Have a system in place to determine whether a tenant has vacated the property following service of the notice to quit.
Inspect the property within 24 hours following the vacation to determine the condition of the property. Should the property be found to be in a satisfactory condition, any deposit held should be returned promptly within fourteen days. Should the property be found to be in an unsatisfactory condition, the landlord should advise the tenant accordingly in writing and detail amount of deposit withheld and reason for doing so.
Advise the Local Authority and utility companies, where necessary, of any change in occupancy.
Investigate immediately if the tenant fails to vacate on the due date and if necessary, take legal action to obtain possession of property.

Constitution

Title

The name of the Association shall be Gateshead Private Landlords Association hereinafter called "the Association"

Aims

The Association is set up to promote the highest standard of conduct by members in order that the image and status of the private rented sector may be improved and advanced.
In furtherance of these aims, the Association may do all such lawful things as are necessary for the attainment of these goals.

Membership

Membership shall be open to any Individual, Company, Partnership or Agent who owns or manages private rented property in the Borough of Gatesheadf at the discretion of the elected Management Committee.
The decision to refuse membership lies with the Management Committee.
In the unlikely event that membership to the Association is turned down, a valid reason will be given on request from the applicant.
All members are entitled to vote.
All members shall read and agree to abide by the Associations Code of Conduct and Disciplinary Procedure.
All information regarding members will not be passed on to any organisation outside of Gateshead Private Landlords Association/Gateshead Council.
Members accredited properties and properties advertised on the property list can be inspected (with prior arrangement made with landlord/tenant) at the discretion of a relevant Officer of the Council.

Officers

The Association shall have a Chair, Vice Chair and Treasurer who will also form the Management Committee along with at least four other members to be elected annually by the AGM.
The elected Officers shall hold office for a minimum term of one year at the expiration of which they shall be eligible for re-election.

Management committee

The Management Committee shall consist of the Chair, Vice Chair and Treasurer and at least four or more members elected at the AGM. Outside bodies may be elected to the Management Committee with the agreement of other members of the Association.
The Management Committee may appoint sub committees as and when necessary
All such committees shall report to the Management Committee who shall devise their rules for working.

Meetings

There shall be 4 meetings held each year.

Annual general meeting of the membership

AGM will be held in April or as soon as practicable thereafter. At least 21 days prior notice shall be provided together with an Agenda.
The Chair or Vice Chair shall preside at the AGM. In the absence of both, the members shall elect a Chair for that meeting.
A quorum shall be 20 members or 5% of the membership, whichever is the greater.
The business of the AGM shall include election of the Chair, Vice, Treasurer and Management Committee. Nominations for these posts may be submitted in writing or taken from the floor, subject to the nominee's agreement.
Any other business, which may be requested in writing by any member of the Association, provided it reaches the Chair at least ten days before the AGM.
Each member of the Association present shall have one vote in connection with each motion put before the AGM. A resolution will require a simple majority. In the event of equal votes the Chair shall have the casting vote. All votes shall be taken by a show of hands unless the meeting resolves otherwise

Extraordinary general meeting

The Management Committee may call an extraordinary general meeting at any time. If at least ten members request such a meeting in writing stating the business to be considered, such a meeting shall be called. At least 21 days notice must be given. The notice shall state the business to be discussed.

Notices, letters or other communications

Any notice or letter to be served on any member of the Association shall be in writing and shall be served on the member either personally or by sending it through the post addressed to his or her last known address in the United Kingdom and any letter so sent shall be deemed to have been received within 10 days of posting.

Finamce

Annual subscriptions shall fall due on 1st January.
The Management Committee shall set the annual subscriptions which shall be payable by members.
Membership shall be deemed to have lapsed should any member's subscription not be paid within one month of that date, unless good reason be provided to the satisfaction of the Committee.
The Association's accounts shall run from April to March.
All monies shall be administered by a relevant Officer of the Council who will pay incoming monies into a bank account in the name of the Association and shall arrange, in consultation with the Committee, for the proper investment of any available balance. A relevant Officer of the Council shall account to the Committee for all monies.
Any withdrawals from the said bank shall be against the signatures of 2 nominated persons, one of which must be the Treasurer of the Association, the other member to be decided at the AGM.
A relevant Officer of the Council shall prepare a Statement of Accounts for the Association to be presented at the AGM, which should be checked and agreed by the Treasurer.
The Management Committee will decide an appropriate annual budget for publicity, stationery and other such items as appropriate which a relevant Officer of the Council will be authorised to spend. Any increase will require a further agreement.

Alteration of constitution

Any proposal to alter the constitution must be approved at an AGM or an Extraordinary General Meeting.

Complaints & terminations

Complaints from tenants, other members, members of the public, the Police or the Council must be in writing and addressed to the Association.
They will be dealt with as outlined in the Gateshead Private Landlords Association's Complaints and Disciplinary procedure.
The Committee is empowered to suspend or expel a member (following the Disciplinary Procedure) if the action of that member is found to be detrimental to the interest of the Association.

Dissolution of the Association

The Association may be dissolved only at the AGM or at a special meeting convened for the purpose of dissolution. The motion to dissolve must be carried by three quarters of members present and voting.
Before a vote for or against dissolution be taken, the meeting shall determine how the assets of the Association shall be disposed of in the event of the motion to dissolve being carried.

Complaints, disciplinary & appeals procedures

Complaints procedure
The procedure which follows will be instigated when a formal complaint is received concerning a member of the Association. A complaint may be from a tenant, other member, Council Officer, Police or any other relevant body. 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.

If complaint is about condition of Accredited members property

the complaint will be passed to the Accreditation Officer who will
inspect the property.
determine what appropriate actions should be carried out.
arrange with member when said are to be undertaken.
If complaint not resolved at this stage or condition of property is seriously detrimental, complaint may be passed to Local Authority.
Local Authority will inspect property and, if necessary, serve appropriate notice for works to be carried out.
If Local Authority serves notices and Accredited member does not respond to said notice they will be subject to disciplinary procedure.

If complaint is about condition of Non-Accredited members property

complaint will be passed to Local Authority.
Local Authority will inspect property and, if necessary, serve appropriate notice for works to be carried out.
if complaint has arose due to member's unwillingness to carry out the repairs, despite being notified of them, or the member fails to respond to a notice served on them by the Local Authority they will be subject to disciplinary procedure.

If complaint is about the Management Standards of a member.

complaint will be passed to Development Officer who will advise member on the correct procedure of management standards as outlined in the Association's Code of Practice.
If, after this, standards are still not at the level expected of a GPLA member, matter will be subject to disciplinary procedure.

Disciplinary procedure
The Management Committee will be called upon to hear the full details of the complaint. Witnesses may be called including the complainant, Council Officer, tenant or Police.The member who is subject to the disciplinary procedure may give evidence in his defence.The Management Committee will then decide on one of the following:-

that the complaint is unfounded
to issue a written warning
immediate expulsion from the Association.

If a formal written warning is issued it will state that if a similar complaint regarding the member is upheld at any future date, the member concerned will be immediately recommended for expulsion from the Association.

If a member is to be expelled from the Association, the member will be notified immediately in writing and members of the Association will be informed of this decision at the next meeting.

If a member is expelled from the Association and can show, after six months, that his standards, both property and management have improved, the Management Committee will consider an application to rejoin the Association.

Appeals procedure

If, after the disciplinary procedure has taken place, it has been recommended to expel a member from the Association, the said member has the right to appeal within seven days.

The appeal will be heard by the Appeals Panel which will consist of three members of the Management Committee.

The Appeals Panel will hear all the evidence.

The member of the Association to be expelled may give evidence in his defence.

The Appeals Panel will then decide whether or not to uphold the decision made.

The decision of the Appeals Panel shall be final with no further appeals being possible.