Two approvals to codes of Management Practice came into force on 1 June 2016. The codes exist to promote desirable practices in relation to the management of residential property.
These apply in England only and are published by the Association of Retirement Housing Managers (“ARHM”) and the Royal Institution of Chartered Surveyors (“RICS”). The former applies to the management of properties in the private retirement sector and the latter addresses management of property generally in the residential leasehold sector.
They cover landlords and others who discharge management functions in respect of residential property. Such functions include those with respect to the provision of services, or the repair, maintenance, improvement, or insurance of the property.All managers in the retirement leasehold are required to follow the Private Retirement Housing code, even if their organisations are not members of the ARHM.
Likewise, all managers in the residential leasehold sector are required to follow the Residential Management (Service Charges) code, even if their organisations are not members of the RICS.
Failure to comply with a provision of any approved code of practice does not of itself render a person liable to any proceedings. However, in any court or tribunal proceedings, any approved codes of practice are admissible in evidence and will be taken into account by the court or tribunal in settling any question arising.
The new Orders withdraw approval to previous codes of practice but those codes continue to have effect for the purposes of proceedings relating to acts or omissions that are alleged to have occurred before these changes come into force.
The previous codes will continue to apply in Wales.
The Orders are-