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CWAG Newsletter – November 2023

This Update includes the following

  • Renters Reform Bill Update

  • CWAG Response – RSH Consultation on changes to the fees regime

  • Joint letter to the Building Safety Regulator

  • Diary Date – Annual General Meeting

  • Recent Publications

Renters Reform Bill Update

Government commitments to address issues in the private rented sector in England are facing further delays.

The Renters Reform Bill which was published in May 2023 included a number of measures set out in the 2022 White Paper ‘A fairer private rented sector’ as well as the 2019 Conservative Manifesto commitment to abolish Section 21 evictions in England. Although the legislation received its second reading in the House of Commons on 23rd October 2023, the ban on Section 21 evictions is likely to be significantly delayed as the Department for Levelling Up, Housing and Communities has announced that the ban cannot proceed until reforms to the court system have been put in place.

The Government stance appears to be in response to intensive lobbying by the National Residents Landlord Association (NRLA) concerned that other measures in the legislation, which are intended to strengthen  landlords’ ability to evict tenants in breach of tenancy agreements, will be ineffective without legal reforms to speed up repossession hearings and tackle existing court backlogs.

In the meantime, the Renters Reform Bill will continue to be progressed and has now moved to the Committee Stage. An update on the Committee Stage is expected on 5th December 2023 but the legislative timetable beyond this is unclear. The Bill has been included in the legislative programme announced in the King’s Speech so will carry over into the next Parliamentary session.

It is possible that a number of other measures in the legislation will continue to be progressed in advance of the abolition of Section 21 evictions – for example arrangement allowing tenants the right to keep pets, proposals for a private rented sector Ombudsman and a mechanism for tenants to challenge unfair rent increases. However, tenure changes linked to the abolition of Section 21 are effectively stalled until improvements and reform of court processes have been implemented.

CWAG Response – RSH Consultation on changes to the fees regime

CWAG has submitted a response to the recent RSH consultation on fees. The consultation sets out proposals for a new charging regime to fully meet the costs of regulation as set out in the Social Housing (Regulation) Act 2023. The proposals involve levying a charge for each social home regulated and the fee rate for local authority landlords is estimated at between £7 and £8 per property.

The CWAG response highlighted concerns about the high level of fees proposed. These represent a significant additional financial burden on housing revenue account resources which will impact business plans and ultimately need to be funded from tenants rents. We also argue that there is a lack of transparency around how the fee level has been set, how it will be uplifted in the future and how value for money will be demonstrated.

CWAG Consultation Response

Joint letter to the Building Safety Regulator

CWAG has joined up with the National Federation of ALMOS (NFA) and Association of Retained Council Housing (ARCH) to raise concerns with the Building Safety Regulator (BSR) around how complaints in high rise social housing will be handled as well as issues around the interface with the Housing Ombudsman Statutory Complaints Handling Code. As a group we are seeking a meeting to discuss concerns and clarify arrangements.

Read letter here.

Recent Publications

Sector Risk Profile, RSH – 14th November 2023

The RSH has published the 2023 Sector Risk Profile an annual overview of the main risks facing social housing providers. This year the report focusses on a number macro-economic risks and preparing for stronger consumer regulation.

The sector faces a challenging economic environment with persistently high inflation, a tight labour market, supply pressures and contractor failures and rental income constrained by the 7% cap in 1023/24.

The new regulatory regime from April next year requires an increased focus on the quality of social housing, and the services landlords provide to tenants. In preparing for these changes providers need to be ensuring up-to -date and robust tenant data that assesses the presence of serious hazards in tenant’s homes , including damp and mould.

Sector Risk Profile 2023

southend housing

Fire Safety Reform Bulletin No 3, Home Office – 6th November 2023

This Bulletin includes information on new requirements for Responsible Persons, feedback on the risk assessor survey and details of the new guide for responsible persons along with a summary of other available guidance.

Bulletin

New Homes Fact Sheets, Homes England – 2nd November 2023

Homes England has published a series of 10 fact sheets designed to support conversations with local communities about the need for new homes and development. Topics include how new homes are planned, including transport infrastructure and services such as schools and healthcare.

New Homes Facts Sheets and Capacity Analysis Tool launched – GOV.UK (www.gov.uk)

LGA Submission: Autumn Statement 2023

Ahead of the Autumn Statement next week, the LGA has set out the case for additional resources for councils facing unprecedented financial pressures. Councils are facing ongoing inflationary and pay pressures alongside spiking demand and market challenges in areas such as homelessness and temporary accommodation. Also, financial resilience is strained following a 27% real-terms reduction in core spending power since 2010/11.

Read submission here

RSH Social Housing Stock and Rents statistics 2022/23

The RSH has published the latest batch of statistics on social housing stock and rents in England. There are a number of reports available including a briefing on local authority housing stock.

2023_LARP-briefing-note_FINAL_V1.0_.pdf (publishing.service.gov.uk)

Housing Ombudsman Damp and Mould Update

Two years after the publication of its Spotlight Report on damp and mould ‘It’s not lifestyle’, the Housing Ombudsman has released an update on this area of complaints handling. Whilst the number of complaints relating to damp and mould has continued to rise, with 5,398 complaints in this category in 2022/23, this increase in part reflects landlords making it easier for tenants to report issues. The update includes a number of recent cases, both positive and negative. Key themes continue to include references by landlords to residents lifestyle and poor record keeping by landlords hampering responses.

Read Update

Diary Date – Finance and Business Planning Meeting – Thursday 18th January  2024

Steve Partridge – Savills Director of Housing Consultancy will be leading this event for finance officers and others with an interest in HRA strategy and business planning. The event is a free event that is open to CWAG members. To book a place, contact the CWAG Policy Officer.

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CWAG Newsletter – October 2023

This Update includes the following

  • CWAG Annual General Meeting

  • Regulator announces plans for a national tenants’ survey

  • Consultation – Awaab’s Law – Direction to the Social Housing Regulator

  • Housing Ombudsman Changes

  • Recent Publications

southend housing

CWAG Annual General Meeting

This year’s AGM focussed on preparing councils for the regulatory and professionalisation changes introduced by the Social Housing Regulation Act.

Lydia Dlaboha from the Housing Quality Network introduced the session with a topical discussion on ‘Getting ready for inspection and the new regime’

Whilst preparations for most councils are well under way it was useful to discuss some of the issues and challenges specific to councils with ALMOs. With a much greater spotlight on the council as landlord and on elected members, new arrangements need to be put in place whilst not undermining the work of ALMO Boards.

Councils will need to be able to have assurance that they are complying with the consumer standards. This requires that councils have good data on their homes and the tenants who live in them as well as ensuring that services are developed with the input of tenants.

Tenant Satisfaction Measures (TSMs) are a key tool in the new arrangements and landlords need to drill down into the ‘how’ and ‘why’ of what TSMs are telling them – in particular identifying whether there are specific concerns in certain communities and demographics. The Regulator will be keen to understand how landlords are using TSM data and what plans they have for improvement.

The discussion also picked up the potential for tensions where councillors make decisions based on wider objectives that are not necessarily aligned with the interests specific to social tenants. In these circumstances much will depend on the narrative and how the council presents its case.

Our second speaker Charlotte Hilliard from the Department of Levelling Up Housing and Communities (DLUHC) spoke on the topic Driving Professionalism in social housing: Implementing the Conduct and Competence Standards.  This set out the background to the current professionalisation agenda alongside current thinking around what the new regulations are likely to mean in practice.

The Social Housing Regulation Bill was amended at a late stage to introduce measures to enable the Regulator of Social Housing to introduce new Competence and Conduct Standards, which will require landlords to ensure that all staff have the appropriate behaviours, skills, knowledge, and experience. Linked to this senior housing managers and senior housing executives (defined in the Act) will be required to have, or be working towards, a suitable housing management qualification.

The key criteria determining which job roles will be deemed to be in covered by the legislation are that:

  • The post is concerned with managing a service in a customer facing role
  • The subject properties are regulated by the RSH

Relevant staff who are not already qualified will be required to enrol on and complete an appropriate qualification within specified timescales, which will be set out following consultation.

The discussion at the AGM highlighted differences in the way people are currently interpreting the legislation with implications for exactly which posts are likely to fall within the scope of the legislation. These issues will need to be further explored and clarified as detail arrangements are worked up. A two-stage consultation process will take place prior to the arrangements coming into force:

  • Stage 1 – Statutory consultation on a draft Direction to the Regulator – this will take place over the next few months,
  • Stage 2 – Once formally directed the Regulator will consult on its approach to setting the requirements within the standards.

Regulator announces plans for a national tenants’ survey

The Regulator of Social Housing (RSH) has announced that it plans to carry out a National Tenant Survey to better understand how satisfied social housing tenants are with their landlord’s service.

The move coincides with work all social landlords are currently undertaking to collect Tenant Satisfaction Measures (TSMs) from their tenants. The RSH’s one-off tenant survey will be in addition to landlords’ TSM surveys and will use the same questions.

The aim is to provide the RSH with a robust and independent benchmark when reviewing TSM results submitted by individual landlords. The survey will also provide information about levels of satisfaction among different groups of tenants.

It is hoped that the RSH National Tenants Survey will provide deeper understanding and additional insights on tenant satisfaction levels throughout the sector.

ladies with tablet/ipad

Consultation – Awaab’s Law – Direction to the Social Housing Regulator

This autumn sees a series of consultations linked to implementing measures in the Social Housing Regulation Act. The latest relates to the section of the legislation known as Awaab’s Law which introduced new requirements around the information social landlords will be required to provide to their tenants.

As a first stage the government is consulting on a new Direction requiring the Social Housing Regulator to set standards for the provision of information to tenants in the following areas:

  • making complaints
  • tenants’ rights
  • relevant regulatory requirements

The government has carried out an initial assessment of the likely costs involved which are estimated at around £1.8m per year for local authority landlords. The consultation indicates that new burdens funding will be available to local authorities to cover this. This is an 8-week consultation ending on 22nd November 2023.

Following this consultation, the Regulator will formally consult on its proposals for implementing the Direction.The government is also planning to consult in the near future on directions relating to the quality of accommodation, access to information, tenure and competency and conduct.

Housing Ombudsman Changes

The Housing Ombudsman has gained considerable new powers as part of changes set out in the Social Housing Regulation Act 2023. This expanded authority enables the Ombudsman to require landlords to go beyond the scope of individual complaints and seek to address wider issues.

Following approval by the Secretary of State of a revised Scheme, the Housing Ombudsman can order a landlord to evaluate a particular policy or practice to prevent service failure being repeated. Previously, these types of orders would have only been recommendations, which the landlord was not duty bound to act upon.

The Complaints Handling Code will also become a statutory scheme and the Ombudsman is currently consulting on this. Whilst no major changes are proposed to the Code itself, there is a new duty for the Housing Ombudsman to monitor compliance. The consultation outlines proposals for wider compliance monitoring including the use of Tenant Satisfaction Measures (TSMs). The Ombudsman will also be able to intervene with a landlord on the Code even where a complaint has not been received.

The consultation closes on 23rd November 2023 with the aim is for the Code to become statutory from 1 April 2024.

Recent Publications

Tenant Satisfaction Measures – Frequently asked questions – September 2023

This document brings together examples of specific recurring queries sent to the Regulator as providers begin to collect their first set of TSM data for 2023/24. It is a fairly technical document intended for practitioners involved interpreting the guidance and collecting the data.  Download document 

New Fire Safety Guidance

New fire safety laws came into force on 1st October 2023 and the home office has published new fire safety guidance as follows:

Design For All – A Place to Call Home

This University of London report by a panel of academics and researchers including from the London School of Hygiene & Tropical Medicine and the Royal Free London NHS Foundation Trust proposes a radical and transformative national housing plan to address the UK’s housing crisis. The report sets out the wider economic benefits of building more social and affordable housing. Modelling a scenario around building 72,000 additional social and affordable homes per year which could save the government an estimated £1.5 billion per year whilst delivering major social and economic benefits. Download report

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CWAG Newsletter – September 2023

This Update includes the following

  • ‘Knowing our Homes’ Project and Survey

  • Regulator of Social Housing launches fees consultation

  • Diary Dates

  • Recent Publications

derbyhomes

‘Knowing our Homes’ Project and Survey

CWAG is joining up with other partners across social housing in a new project ‘Knowing our Homes’. This is a programme of work with origins in the ‘Better Social Housing Review’ commissioned jointly by the National Housing Federation (NHF) and Chartered Institute of Housing.

Although the Better Social Housing Review was focused on the housing association sector, the local authority sector has committed to support the work emerging from the review to ensure there is a shared approach across the whole social housing sector. The Local Government Association (LGA), Association of Retained Council Housing (ARCH), National Federation of ALMOs (NFA), and Councils with ALMOs Group (CWAG) are all working together to achieve this and make sure the whole council housing sector is represented.

The project aims to establish a shared, standardised approach for gathering and using information about the condition of social homes and about the residents who live in them. This will help social landlords to meet new requirements emerging through the Consumer Standards which set higher expectations for how landlords gather and use information about their homes and their residents.

The first stage of this work is a baseline survey to identify how social landlords are currently gathering and using data. From this, we will look to develop proposals to address existing challenges and build on good practice.

This is intended to be a joint survey with both the council and ALMO contributing to the response. It is important that the survey achieves a good return rate, and in the case of councils and ALMOs, we need to ensure that only one return per landlord is received. As most of the data is currently held by the ALMO, the survey link has been sent to the ALMO with the intention that they will work jointly with the council on this. Analysis of survey returns will be administered by the NFA on behalf of the LGA, ARCH and CWAG.

The survey return date is Wednesday 18th October 2023.

If you would like more details about the ‘Knowing our Homes’ project, survey or a copy of the survey questions please contact the Policy Officer.

Regulator of Social Housing launches fees consultation

The Social Housing Regulation Act, which received Royal Assent in July 2023, conferred new fee-charging powers to the Regulator of Social Housing (RSH) to ensure it can deliver its expanded role.

This consultation follows an announcement by government that from 1st July 2024 social landlords will need to pay the full costs of their regulation.

The Regulator is currently funded through a combination of fees and government grants; proactive regulation of the economic standards is funded by fees, whilst other activities including enforcement and reactive consumer regulation are covered by government grant.

The RSH is now gearing up for the biggest change to social housing regulation in a decade, with regular inspections of larger social landlords (including councils). The proposed changes to RSH’s fee charging arrangements are designed ensure there are sufficient resources, skills and capacity to deliver proactive consumer regulation whilst removing the requirement for direct government grant support.

For local authority landlords this represents a major change as the sector will fall within these revised charging arrangements and will be required to pay fees for the first time.

The consultation relates to the principles and arrangements for charging rather than the exact level of fees that will be levied. However, the consultation does include modelling and estimates around a proposed fee level of between £7 and £8 per unit for local authorities with more than 1000 homes. Local authorities with less than 1000 homes will be exempt from the fee arrangements, the fee rate proposed is being zero.

There is a differential between the proposed fee level for councils and housing associations which is intended to reflect the additional economic regulation applicable to housing associations.

A key principle set out is that private registered providers do not pay for the regulation of local authority registered providers, or the visa versa.

This is an eight week consultation which ends on Tuesday 31st October 2023.

Key Proposals:

  • To increase the fees social landlords pay, to recover the full cost of regulation including the expanded consumer remit.
  • Continue to charge larger social landlords for each social home they provide. A flat rate fee will apply to smaller housing associations with fewer than 1000 units.
  • Start charging fees to councils owning over 1,000 homes.
  • Charge organisations when they apply to become registered social landlords (instead of the current approach where landlords pay fees after they have successfully registered).
housing silhouette

Diary Dates

Annual General Meeting

CWAG Annual General Meeting – Thursday 28th September 2023.

This year our AGM speakers will focus on the implementation of the Social Housing Regulation Act, in particular preparing for the new regulatory arrangements and the professionalisation changes introduced by the legislation.

Lydia Dlaboha, Deputy Chief Executive HQN will be discussing how councils can prepare for consumer regulation whilst Charlotte Hilliard who is the DLUHC lead on professionalisation and anti-social behaviour will be speaking on Driving Professionalism in Social Housing.

Come along and support your AGM

Tpas Tenant Engagement Workshop – Thursday 12th October 2023

Tenant engagement is a key element in the new regulatory arrangements and as part of our preparations we have teamed up with Tpas to organise a workshop to consider key issues for CWAG members.

In this session Caritas Charles and Clare Powell, from the Tpas Policy and Insights team, will take us though the Consumer Regulation proposals tenant voice with a particular focus on the implications and issues for councils with ALMOs.

As the leading tenant engagement organisation Tpas have been heavily involved over the last few years on the development of these standards and also have their own accreditation that is a robust assessment of an organisations engagement culture, policies and outcomes.

Caritas and Clare will give a presentation with an overview of the Social Housing (Regulation) Act with a lens of what CWAG members should be focused on and prepared for. We will then open up to a Q&A.

A highly informative and practical session.

To book places contact the Policy Officer.

Recent Publications

New government guidance ‘Understanding and addressing the health risks of damp and mould in the home’ Sept 2023

At the time of the inquest into the tragic death of Awaak Ishak the government made a commitment to publish new guidance for private and social landlords. This guidance has now been published and includes the following:

  • An overview of the potential physical and mental health effects of living in a home with damp and mould, as well as information about groups that are particularly vulnerable to more severe health impacts.
  • Details of relevant regulation and the legal responsibilities of landlords in relation to damp and mould in homes in England.
  • Recommendations on how landlords should respond to reports of damp and mould.
  • Suggestions on how to reduce the likelihood of damp and mould developing in homes

Download guidance

Fire Safety Reform Programme Update

This is the second update on the Home Office’s fire safety reform programme. This update covers changes to the Regulatory Reform (Fire Safety) Order 2005 that will be coming into force on 1st October 2023. It includes information on monitoring the impact of reforms to-date as well as details and links to current published guides.

Bi Monthly Fire Safety Reform Bulletin no2 (updated).pdf

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CWAG Newsletter – August 2023

This Update includes the following

  • Regulator consults on new Consumer Standards

  • Regulator publishes annual review of consumer regulation

  • Diary Date – CWAG Annual General Meeting

  • Recent Publications

Burton Crescent Houses

Regulator Consults on new Consumer Standards

The Social Housing Regulation Act 2023 received Royal Assent on 21st July 2023 paving the way for significant changes including enhanced consumer regulation of social housing. As expected, following the passage of the legislation, the Regulator of Social Housing (RSH) has launched its consultation on the proposed new consumer standards that will underpin the regulation of the sector from April 2024.

The four new consumer standards proposed are:

  • The Safety and Quality Standard
  • The Transparency, Influence and Accountability Standard
  • The Neighbourhood and Community Standard
  • The Tenancy Standard

These new standards reflect the RSH’s expanded consumer regulation objective which now includes safety, transparency, and energy efficiency. Changes will strengthen the accountability of landlords for ensuring the quality and safety of their homes as well as driving greater landlord accountability to their tenants. There is also a much greater focus on transparency, organisational culture and giving tenants greater power to hold landlords to account.

The consultation will run for 12 weeks ending on Tuesday 17th October 2023

Download consultation document

Overview of the proposed new standards

1. Safety and Quality Standard

  • Replaces the existing Home Standard with a broader focus that explicitly includes safety.
  • Landlords must have accurate up-to-date stock condition information and ensure their homes comply with ‘all relevant requirements’. This will require detailed knowledge based on a physical inspection of all homes at an individual property level.
  • Properties must be maintained to at least the Decent Homes Standard (or its replacement) with effective systems to identify and tackle any non-decency where it occurs.
  • Timescales will be introduced for acting on health and safety assessments.
  • On repairs, maintenance, and planned improvement programmes there will be a greater emphasis on the outcome for tenants. Services must be ‘effective, efficient and timely.’
  • On adaptations there is an expectation that registered providers assist tenants seeking adaptations to access appropriate services, with the objective of improving outcomes for tenants.

2.Transparency, Influence and Accountability Standard

  •  This aims to remove barriers for tenants in accessing their landlord and its services. It includes explicit requirements to treat tenants with fairness and respect so they can access services, make complaints, influence decision making and hold the landlord to account.
  • Landlords must consider tenants’ diverse needs, using relevant information and data to inform and adapt their services, ensuring fair access to services and equitable outcomes for all tenants.
  • There should be a number of routes and meaningful opportunities for tenants to influence and scrutinise strategies, policies and services.
  • Landlords need to make effective use of the information they get from engagement, taking tenants views into account in their decision making.
  • Landlords must identify a dedicated person responsible for complying with the consumer standards.
  • Where a significant change in management arrangements is proposed, the landlord must consult meaningfully with tenants on the actual or potential advantages and disadvantages, including costs, in both the immediate and longer-term.

3. Neighbourhood and Community Standard

  • Sets out expectations in relation to ‘shared spaces’.
  • Landlords are expected to work co-operatively with other organisations to resolve issues affecting the upkeep and safety of neighbourhoods in which tenants live.
  • Landlords are required to have set out their approach to deterring and tackling hate crime incidents.
  • Landlords are required to have clear policies to support tenants affected by anti-social behaviour and domestic abuse, working with other agencies as appropriate.

4. Tenancy Standard

  • Sets out requirements on lettings, tenancy sustainment and evictions. Arrangements must be fair and transparent throughout.
  • Registered providers are expected to assist local authorities to meet homelessness duties, e.g. nomination agreement obligations.
  • Adapted homes should be allocated to meet needs compatible with the purpose of the housing.
  • Providers should also have policies to address under-occupation and overcrowding.
  • Explicit obligation to prevent and tackle tenancy fraud.
  • The current requirement to minimise the time a property is vacant between lettings is removed as this is primarily an economic issue – now the greater focus is on fairness and transparency.

Regulator publishes Annual Review of Consumer Regulation

The RSH has published its annual ’Consumer Regulation Review’ for 2022/23. This sets out key learning and case studies from the Regulator’s consumer regulation casework over the past year.

Issues around local authority compliance are specifically highlighted this year, as ten of the thirteen registered providers who breached the consumer standards were local authorities.

Cases involved the ‘Big Six’ Health and Safety issues including the following:

  • Authorities that didn’t have the data required to provide assurance that they were compliant and therefore keeping tenants safe.
  • Authorities with significant backlogs in carrying out vital safety checks.
  • Failure to comply with legal requirements in respect of fire safety, either by failing to complete the relevant inspections and assessments or failing to complete follow-on remedial works.
  • For the first time in a number of years there were landlords who were failing to meet gas safety requirements despite these regulations having been in place for over 20 years.

The report and case studies highlight the importance of councillors and other senior leaders understanding their core landlord responsibilities. Regardless of management arrangements landlords must take responsibility for ensuring they are fully compliant with regulatory requirements and have mechanisms in place to identify and tackle under-performance.

Read the Report

Key issues highlighted by the Regulator from it’s recent casework:

  • Landlords must maintain a tight grip on the quality of the homes they manage
  • Local authorities must act now to ensure compliance with the consumer standards
  • Effective tenant engagement is fundamental to meeting the requirements of the consumer standards
  • Meeting statutory health and safety requirements, including landlord gas safety requirements, remains an area of regulatory concern
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Annual General Meeting

Diary Date :CWAG Annual General Meeting

This year the CWAG Annual General Meeting will be on Thursday 28th September 2023. The meeting will take place over Teams. Please note the date in your diary.

The formal business of the AGM involves electing representatives of the Executive Group as well as reviewing the group’s finances and operating arrangements and Terms of Reference.

We are currently putting together the programme which will include presentations and discussion around regulatory changes and the professionalisation agenda.

CWAG Work Programme Review

As part of preparations for the CWAG Annual General Meeting, CWAG Executive Group will be reviewing and updating the CWAG work programme to reflect priorities for the next 12 months. The updated work-programme will then be considered by the membership at the AGM.

We are keen to have members’ views and suggestions to inform this exercise.  If you have any suggestions or would like to contribute to the work-programme review, please contact the Policy Officer.

Recent Publications

On the Edge – Cost-of-living findings from the council sector – Joint NFA / ARCH Report – 2nd August 2023

This latest joint NFA / ARCH survey of the income collection and welfare benefits issues facing councils highlights significant rises in rent arrears over the past year. In looking to understand the drivers of current trends, the report identifies the impact of severe inflationary pressures which impact disproportionately on the poorest households as well as a welfare system that isn’t for purpose. The system of Discretionary Housing Payments (DHPs) is also under increasing strain with reducing resources and increasing numbers requiring assistance.

Read Report

English Housing Survey (EHS) 2021/22 – Energy Report – Published by DLUHC – July 2023

This latest update survey of peoples housing circumstances is one of the longest running national surveys providing data back to 1967. This report focusses on energy efficiency and provides an overview by tenure, dwelling type and household characteristics. It includes information on different heating systems and controls, the methods of payment used by households to pay for their energy as well as the cost involved in uprating homes to Energy Efficiency Rating (EER) band C. There is also an analysis of working from home patterns by income and tenure.

Read Report

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CWAG Newsletter – July 2023

Welbury Gardens

This Update includes the following

  • Learning from the First Round of Consumer Regulation Inspection Pilots

  • Homes England announces changes to funding rules.

  • Social Housing (Regulation) Bill Update

  • Recent Publications

  • Diary Date – Annual General Meeting

Learning from the First Round of Consumer Regulation Inspection Pilots

Many CWAG members attended the recent NFA webinar where we were able to hear directly from the Regulator of Social Housing (RSH), Eastbourne Council and their ALMO Eastbourne Homes about the experience and learning from the participation in the first round of Consumer Regulation Pilot inspections.

There was plenty of advice for those preparing for the new regime, notable was the ‘crumbs of comfort’ message from Richard Tomkinson from Lewis and Eastbourne councils who indicated the inspection had been a ‘generally positive experience’ and very different from the Audit Commission inspections of the past. However, he did caveat this with details of the very extensive preparatory work both the Council and ALMO have undertaken, with virtually every aspect of the service having been subject to detailed scrutiny and review since the 2018 Social Housing Green Paper .

Angela Holden, RSH Assistant Director, set out some key lessons from the pilot inspection programme and recent casework, signposting key areas landlords need to focus on in preparing for proactive consumer regulation and inspection.

Inspections will be tailored and specific to each organisation, focussing on key risks identified from a range of different sources such as the document review, Tenant Satisfaction Measures and Ombudsman complaints. There will be an explicit focus on resident safety, transparency, accountability, and service outcomes for tenants.

Tenants voice and accountability

The Regulator is particularly keen to understand how an organisation hears the voice of its tenants and inspectors will seek to engage directly with tenants using a variety of formats.

Questions:

  • How do you evidence that as an organisation you hear the tenants voice?
  • Does the organisation respond to tenant concerns and do tenants have confidence the organisation will respond appropriately when issues are raised?
  • Are there differential satisfaction rates between different areas and demographics and how is the landlord responding?

Governance arrangements

Whilst it is the council as landlord that has responsibility for performance, the Regulator will be seeking to understand the chain of governance and where key responsibilities sit, and particularly whether the arrangements enable the organisation to respond to early warnings when things are going wrong.

The Regulator will be keen to review that arrangements and mechanisms are in place to ensure the oversight of contractors and engagement with tenants and that systems deliver transparency when things are going wrong.

In terms of ALMO involvement with inspections, the Regulator will focus on how operational decisions are made which may include attendance at the ALMO Board.

Key Question:

  • How do you know that key outcomes and compliance are actually being achieved?

Data and Systems

The Regulator will be looking for evidence of challenge to ensure that systems and processes are robust and able to deal with non-standard issues and stresses. Inspections will focus on outcomes and assurance and how these are evidenced, for example, can the landlord evidence compliance with key policies and legislation. Good quality data is vital.

Following recent work on the extent of disrepair, damp and mould in the stock, there is likely to be a particular focus on stock condition and whether the landlord has relevant and up to date data to understand and plan for the investment priorities of the stock. Further guidance on stock condition surveys and requirement is planned as part of the new consumer standards.

Questions

  • What arrangements are in place to assurance test key data, record keeping arrangements and protocols?
  • Are systems and processes fit for purpose?
  • Is key data readily available to evidence service outcomes, investment priorities, complaints handling etc?
southend housing

Homes England announces changes to funding rules.

On 27th June 2023 Homes England announced changes to the Affordable Homes Programme 2021 -26 to allow funding of replacement homes alongside new affordable homes, as part of wider estate regeneration plans.

The change will allow grant funding to be used to replace outdated and substandard homes as part of estate renewal projects, an important step towards delivering improvements in the quality of accommodation and energy efficiency.

According to Peter Denton, Chief Executive of Homes England this change ‘is a real opportunity to accelerate the regeneration of social housing and help level up communities across the country’.

The change will come into effect immediately.

Further details

Social Housing (Regulation) Bill Update

The Social Housing (Regulation) Bill is now approaching the end of its legislative journey.

The Bill received its 3rd Reading in the House of Lords on 27th June 2023. This resulted in the Lords putting forward an alternative wording for the professionalisation amendment. The new version seeks to clarify that the professionalisation requirements set out in the Bill will also apply to managing agents (and therefore to ALMOs). Ensuring that the wording achieves the anticipated outcomes and doesn’t inadvertently ‘catch’ other roles and post holders is a key issue. According to government estimates, around 25,000 housing managers will be impacted by the change.

The Bill has therefore entered a process known as ‘ping pong’ where it is passed rapidly back and forth between the House of Commons and House of Lords until agreement on the exact wording is achieved.

Following this the Bill will move forward for Royal Assent.

Burton Crescent Houses

Recent Publications

Damp and Mould in Social Housing – Learning the Lessons (June 2023)

This report by the Regulator of Social Housing draws on the survey work carried out following the coroner’s report into the tragic death of Awaab Ishak in Rochdale.

The report sets out how social landlords are approaching the tackling of damp and mould in their tenants’ homes and highlights the features of the strongest and weakest approaches, so that landlords can learn lessons from others in the sector.

The key findings are:

  • Better performing landlords manage their data well. They have accurate and up-to-date information about tenants’ homes, and they use it to find and resolve problems proactively.
  • Strong oversight from boards or councillors is essential. They should gain assurance that landlord management teams are responding effectively when tenants raise concerns.
  • Some boards and councillors had limited oversight of the condition of tenants’ homes, and in some cases they didn’t have specific processes for identifying and tackling damp and mould.

Download report

 English Housing Survey: local authority housing stock condition modelling (June 2023)

These statistics from the English Housing Survey provide sub-regional estimates of housing stock condition for the first time ( covering Decent Homes and HHSRS Category 1 hazards)

The paper provides estimates by local authority area of the number and proportion of occupied homes that are deemed non decent according to the DH Standard / or unsafe due to a Category 1 hazard (HHSRS) by tenure and dwelling type.

This is modelling data and therefore aimed at highlighting wider trends and issues rather than as a specific tool for policy making at a local level. It does however show local authorities where housing quality might be poorer/ worse than average and how quality might vary by tenure and dwelling type.

The data is presented as a series of colour coded maps.

Further Details

Better Places – A Matrix for Measuring and Delivering Placemaking Quality (June 2023)

This Policy Exchange Report follows up on ideas in the 2020 report of the Building Better, Building Beautiful Commission ‘Living with Beauty: promoting health, wellbeing and sustainable growth’ which was endorsed by government. It proposes a new tool or Placemaking Matrix, that can be used to score the placemaking characteristics and qualities of proposed and existing developments. The report suggest that the tool could be used when determining planning permission, providing a quantifiable baseline measurement of placemaking features that are often difficult to capture early in the development process. The underlying objective is to improve housing quality and create better places.

Download report

Why we need a long-term plan for housing – National Housing Federation (June 2023)

This NHF report sets out the case for a long-term plan to end the housing crisis and how this would improve the health, income and life chances of millions of people and drive economic growth, jobs, and prosperity. The aim is to challenge all political parties when setting out their priorities for the General Election next year to commit to a long-term and measurable plan to tackle the housing crisis and deliver decent, affordable housing.

Download Report

Annual General Meeting

Diary Date – CWAG Annual General Meeting

The CWAG AGM will take place over Teams on Thursday 28th September 2023 (10.00 – 12.00). Further details will be circulated shortly.

CWAG Newsletter – July 20232023-07-04T10:26:40+00:00

CWAG Newsletter – June 2023

derbyhomes

This Update includes the following

  • Renters (Reform) Bill 2023

  • Housing Ombudsman Spotlight Report – Knowledge and Information Management

  • Social Housing Regulation Bill

  • Recent Publications

  • Diary Date – NFA webinar

Renter’s (Reform) Bill 2023

The Renters (Reform) Bill published on 17th May 2023 aims to tackle issues in the private rented sector in England. It includes a number of the measures set out in the June 2022 White Paper ‘A fairer private rented sector’ as well as fulfilling the 2019 Conservative Manifesto commitment to abolish so called ‘no fault’ evictions in England.

The Bill includes the following measures:

  • The abolition of assured shorthold tenancies and with them, Section 21 ‘no fault’ evictions. Tenancies in the private rented sector will become more secure monthly periodic assured tenancies with no end date.
  • The grounds on which landlords can seek to repossess properties will be amended and strengthened so landlords can still recover their property (including where they wish to sell or move in close family) and to make it easier to repossess properties where tenants are at fault, for example in cases of anti-social behaviour or repeated rent arrears.
  • Stronger protections against backdoor eviction by ensuring tenants can contest excessive above -market rents increases which are purely designed to force them out. Landlords will still be able to increase rents to market level, however tenants will be able to appeal to an independent tribunal which will determine the market rent of the property.
  • The creation of a new Private Rented Sector Ombudsman which will provide fair, impartial, and binding resolution to many issues and prove quicker, cheaper, and less adversarial than the current court system.
  • A Privately Rented Property Portal will be set up to help landlords understand their legal obligations and demonstrate compliance. It will also provide better information to tenants, helping them make informed decisions when entering into a tenancy agreement. It will also support local councils’ enforcement activity.
  • Tenants will have the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

Other commitments from the White Paper not been included in this Bill:

  • To apply the Decent Homes Standard to the private rented sector.
  • To make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children.
  • Strengthen local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity – to help target criminal landlords.

Further legislation is planned to implement changes in these areas.

Housing Ombudsman Spotlight Report – Knowledge and Information Management

This latest spotlight report from the housing ombudsman is a major wake-up call for the sector highlighting widespread poor practice in record keeping and data management with major implications for service delivery.

Poor information management is a reoccurring theme in the Ombudsman’s casework, often slowing down investigations as landlords are unable to provide background information and evidence relating to cases. According to the report ‘complaints can be an exceptionally strong indicator of data gaps and information mismanagement’.

Accurate records and data management are the essential starting point; if the input data is poor, incorrectly recorded or the management systems inadequate, any use made of this data will be inherently flawed.

Service failures are generally linked to missing, inaccurate or misused resulting in a lack of appropriate responses and timely action.  Using data from 2022/23, the report highlights a series of case studies to demonstrate key areas of poor performance and the consequent negative impact on residents. Examples include a disabled woman left without a suitable toilet for more than a year, and a resident having to endure water ingress for eight years because the landlord did not have a system to record customer communications. Another case involved a man losing 14 days annual leave because of appointment failings by the landlord.

Translating information and data into usable knowledge, insights, and action plans is vitally important and has a key role in governance providing assurance and contributing to business and financial planning. Interestingly, the report notes that even where a landlord has fulfilled its obligations, if it doesn’t have the data to evidence this, it is professionally vulnerable.

The report highlights the importance of governance and organisational culture to encourages clear expectations and management standards, with systems underpinned by clear quality assurance measures and performance management.

The report makes 21 detailed recommendations.

Read Full Report

Social Housing Regulation Bill

The Bill is currently in ping-pong, having completed the Commons Report Stage on March 1st. The next stage on 27th June 2023 is the Consideration of Commons Amendments by the House of Lords. Once completed, the Bill is expected to receive Royal Assent before the end of this Parliamentary Session.

The Bill includes two late amendments:

Professionalisation:  a requirements for senior housing managers and senior housing executives to hold or be working towards a Level 4 or 5 housing management qualification. This is in addition to measures already introduced through the Bill for new ‘competence and conduct’ regulatory standards.

‘Awaab’s Law’: setting timeframes for landlords to investigate and repair hazards in tenant’s homes.

Once the Bill achieves Royal Assent the way will be clear for the RSH to consult on the detail of the new consumer regulation regime.

Looking ahead

Other linked consultations planned for later in the year include:

  • Consultation on time limits for repairs (Awaab’s Law)
  • Consultation on minimum energy efficiency standards
  • Consultation on professionalisation, competence and conduct standards
  • Consultation on the future of the rent standard and call for evidence on a catch-up mechanism following rent cap applied in 2023
  • Consultation on updated Decent Homes Standard​ proposals
The Yarn Spinner-derbyhomes

Recent Publications

Critical Friends: What tenant scrutiny brings to landlord performance – NFA April

This timely NFA Report focuses on the importance of tenant scrutiny as a key tool in good housing management within the ALMO sector which is even more relevant as the Regulator of Social Housing will include feedback from tenants in its new inspections regime.

This report goes beyond a review of current scrutiny models approaches employed within the ALMO sector. The authors have spoken to tenants who are involved in scrutiny to understand why they do it and what makes it work. Much of the feedback comes down to the relationship they have with their landlord, based on honesty, trust, openness, good communication and organisational follow through that recognises the value of the work of scrutiny panels to the organisation.

Download a copy of the report here.

The NFA has also published their Annual Review, and Annual Survey which provide an interesting overview of the current state of play in the ALMO sector.

Diary Date – NFA Webinar

The NFA is holding a webinar on Wednesday 21st June 2023 on ‘Regulating Consumer Standards and learning from pilot inspections’.  Now that the RSH has has completed the first round of pilot inspections across the country, there is an opportunity to take stock. This is an opportunity hear from the only council with an ALMO to be inspected so far. The event is open to CWAG members. Further details

CWAG Newsletter – June 20232023-06-09T07:37:07+00:00

CWAG Newsletter – April 2023

Croft House

This Update includes the following

  • CWAG Members Survey 2023

  • Parliamentary Committee to investigate financial sustainability of social housing sector

  • Older Persons Housing Taskforce

  • 4 Million Homes Programme

  • Diary Dates

  • Recent Publications

CWAG Members Survey 2023

This year the annual members survey focussed on how councils and their ALMOs are responding to the introduction of enhanced consumer regulation. The survey aimed to explore how different organisations are preparing for the changes, highlighting the specific issues and challenges involved, with the aim of identifying key trends and sharing good practice.

The survey response rate was 86%. Survey returns provide useful insights into the sector’s preparations in advance of  new regulatory arrangements which are due to go live in April 2024.  The CWAG Client Officer Group will be reviewing the survey in more detail at their next meeting. In the meantime if you would like more information on the survey, please contact the Policy Officer.

Set out below are some of the headline findings from the survey:

Survey Findings

1. ALMO Reviews

Most CWAG member councils have reviewed or are planning to review their ALMO management arrangement. Reviews are generally focused on ensuring council and ALMO services are better aligned, with responsibilities and reporting lines clearly defined.

  • 16% of respondents are currently undertaking a review of the ALMO,
  • 74% of respondents reported a recent or planned ALMO review,
  • 10% of respondents are not planning a review at this time.

2. Changes to the Client Team

42% of respondents are recruiting additional staff to strengthen the client team whilst others reported that they are reassessing client-side resources and current roles, including how existing staff are deployed.

Virtually all authorities reported that they are reviewing and augmenting data collection and reporting arrangements. Issues include enabling real time reporting and regularising enhanced senior level scrutiny and oversight arrangements.

Some councils are reviewing certain functions currently delegated to the ALMO, but this is not a general trend.

3. Changes to reporting and accountability structures

Authorities are also reviewing existing systems and reporting arrangement, making changes to improve information flows, oversight, and assurance. Councils are looking critically at each element of performance and how they are getting assurance.
Current examples include:

  • Specialist governance and systems reviews
  • Additional internal audit checks with a focus on consumer standards
  • Bringing KPIs into alignment with TSMs
  • Additional information and reporting for Council Members
  • New Council /ALMO structures to review key elements of performance.
  • Use of council scrutiny and audit panel

4. Collection of Tenant Perception Information for TSMs

The survey highlights different approaches to the collection of tenant perception information. 61% of respondents indicate that this exercise will be undertaken by a specialist contractor. Arrangements vary with some councils leading on the commissioning arrangements in partnership with the ALMO whilst others have fully delegated this activity to the ALMO.

5.Preparation for In-Depth Assessments (IDAs)

78% of respondents indicated that they have used the checklist from the CWAG/NFA report ‘Excellence in management and partnership’ to review their current arrangements in preparing for changes to regulation.

26% of respondents have commissioned an external ‘health check’ as part of their IDA preparations.

Parliamentary Committee to investigate financial sustainability of social housing sector

 On 28th March 2023 the Levelling Up Housing and Communities Committee launched an enquiry, including a call for evidence, into the financial resilience of the social housing sector in England.

This follows the Committee’s earlier ‘Regulation of social housing’ report (July 2022) which identified evidence of ‘appalling and unsafe’ conditions in some social housing. The aim of this enquiry is to examine the financial resilience and resources available to the sector given the increasingly challenging operating environment.

Issues that will be considered include the impact of inflation, high energy costs and other funding challenges. Social landlords are facing significant pressures to increase investment in the maintenance and improvement of their existing stock. A key concern is the extent to which tackling issues such as damp and mould, energy efficiency, fixing defects and delivering on new building and fire safety regulations will impact on the delivery of much needed new affordable homes.

The enquiry will also consider the policy and regulatory challenges facing DLUHC and the Regulator of Social Housing in ensuring policy on social and affordable housing is appropriately focussed and adequately addressing the diverse issues and challenges facing the sector.

Call for evidence – submissions to the Enquiry can be made up to 12th May 2023.

Older Person’s Housing Taskforce

 Proposals for an Older Persons Housing Taskforce set out in the Levelling Up White Paper (February 2022) look set to get underway with the recent appointment of Professor Julienne Meyer, a leading expert on care for older people as the taskforce Chair.

The new taskforce will run for around 12 months; it will report and make recommendations to Government on improving the choice, quality, and security of housing for older people. It will also consider evidence relating to regional disparities in the supply of appropriate and specialised housing for older persons.

The taskforce will bring together expertise from the social housing and retirement sector, local government, health, and adult social care as well as investment specialists and developers.

derbyhomes elderly homes

4 Million Homes Programme

 Following the earlier Make Things Right campaign, the 4 Million Homes Programme is a further DLUHC funded initiative which aims raise tenant awareness of their rights and rebalance power between residents and landlords.

Programme publicity emphasises that it will help tenants stand up for their rights and where necessary provide guidance on how to deal with difficult landlords. Tenants will also gain knowledge on how to form and get involved in residents groups to influence and shape the services they pay for.

The programme will provide information, guidance, and training on residents rights. Training events will begin in May 2023 and run over 24 months starting with ‘Exploring your right to engage and be heard’, advising residents of their rights and how to make complaints.

The campaign website www.fourmillionhomes.org signposts guidance, training events and webinars.

Diary Date - Finance and Business Planning Meeting – Tuesday 6th June 2023

Steve Partridge – Savills Director of Housing Consultancy will be leading this event for finance officers and others with an interest in HRA strategy and business planning. This will be an interactive meeting focussing on issues for the next budgeting and business planning round.

The event is a free event that is open to CWAG members – please note the date in your diary. Booking arrangements will available shortly.

Recent Publications

Research into Expenditure within the Housing Revenue Account - LGA, ARCH, NFA

This is the third and final Savills research report commissioned by the LGA, ARCH and the NFA as part of a wider examination of the financial issues and pressures facing Housing Revenue Accounts. The report looks in detail at the specific factors currently driving the growing disparity between available resources and increasing financial demands. The report highlights the vulnerability of HRAs which are likely to move into deficit over the next couple of years.

The report is available to download from the NFA website.

CWAG Newsletter – April 20232023-04-28T14:26:31+00:00

CWAG Newsletter – March 2023

This Update includes the following

  • Social Housing Complaints ‘Make things Right’ Campaign

  • Social Housing Regulation Bill Progress Update

  • Savills RTB Research highlights scale of replacement shortfall

  • CWAG Client Officer Group

CWAG Group Meeting

Social Housing Complaints – ‘Make Things Right’ Campaign

The Government has launched a new publicity campaign to raise awareness amongst social housing tenants about how to complain about poor housing conditions and disrepair.

The campaign features an advertising campaign on local radio and digital channels as well as social media platforms, Facebook, Instagram and Twitter with content available in six languages. The campaign will also fund training for Citizens Advice staff in two pilot areas (London and the North West) so they can more effectively support residents who have issues with disrepair and poor quality housing.

The campaign website Social Housing Complaints – Make Things Right signposts tenants through the complaints process, explaining the different stages, and what to expect from their landlord in response. If having made a complaint using the landlord’s complaints process, the issue has not been satisfactorily resolved, there is advice on escalating the complaint to the Social Housing Ombudsman.

For landlords there is a comms toolkit and other resources that can be accessed via the GOV.UK website.

Social Housing Regulation Bill – Progress Update

The Bill will provide the legal basis for implementing measures in the 2020 Social Housing White Paper. The intention is to empower residents, provide greater redress, better regulation and improve the quality of social housing. By strengthening the regulatory regime for social housing, the Bill aims to ensure landlords are held to account for their performance and focus more effectively on addressing the needs and concerns of tenants.

The Bill started out in the House of Lords in June last year, completing first and second readings in the House of Commons by November 2022. The Bill has now reached its third reading in the House of Commons (having already completed its third reading in the Lords). At this stage no further amendments can be made to the Bill. The final stage of the legislative process will see the Bill returned to the Lords for a final debate and consideration of amendments.  Royal Assent should follow shortly after this and is likely before the Easter recess.

Important amendments added to the Bill:

Awaab’s Law

On 9 February 2023, the Secretary Of State introduced an amendment known as ‘Awaab’s Law’, which will require landlords to investigate and fix damp and mould in their properties within specified timeframes. A consultation will be held later this year to set the timeframes within which landlords will have to investigate hazards and make repairs.

Professionalisation

The Bill will introduce new rules intended to protect residents and raise standards in the sector.  Managers in the social housing sector will in future be required to have a minimum set of professional qualifications.

Amendment 47 requires the regulator to set out professional standards ensuring that those with management responsibilities within the social housing sector have, or are working towards getting, professional qualifications.

The change is intended to bring social housing into closer alignment with other sectors such as social work, teaching  and health.

Parliment and River Thames

Complaints and the Housing Ombudsman

The Bill identifies a new responsibility on the Regulator of Social Housing (RSH) to set standards for providers on the handling of complaints. In addition, the Housing Ombudsman will be granted powers to issue and publish guidance on good practice in the sector.

Savills RTB Research highlights scale of replacement shortfall

A recent report by Savills, commissioned by the Local Government Association, ARCH and the NFA has highlighted the urgent need to look again at the current Right to Buy scheme and in particular the introduction of more proportionate regionally sensitive discounts.

The volume of RTB sales increased significantly after discounts were increased in 2012 and replacement agreements have consistently failed to match losses. The notion of ‘one for one’ replacement has not been delivered anywhere in the country.

The data highlights that in many cases discounts have been at a level in excess of what was needed to enable the tenant to afford to buy and in some cases the discount was significantly more than the rent paid whilst they were council tenants.

The report also flags up major regional differences with disproportionate negative impacts on authorities in lower value areas in the North and Midlands where net stock losses are higher and the replacement rate lower. A key factor is the relationship between the level of receipts and replacement costs – only 4 authorities in the whole of the north and midlands regions collect receipts that are in excess of 30% of replacement costs.

Modelling suggests that under current arrangements projected sales are likely to be in the region of 100,000 properties between 2021 and 2030, whilst total replacements are unlikely to exceed 43,000, representing a net stock loss of 3.61% across the country for this period. As a consequence, the RTB scheme is effectively subsidising one household’s home ownership over another’s access to social housing.

The report makes a number of policy suggestions including:

  • Introducing a regional approach to setting discount rates – evidence suggests discounts in the north, and in many parts of the midlands, are higher than required to achieve the kind of take up the government seeks through the RTB scheme.
  • Starting minimum discounts at a lower rate which reflects the amount of time the tenant has rented the property (or for newer properties since the property has been built) would offer improved value for money and a better match with the original objectives of the RTB scheme.
  • The automatic annual CPI uplift of discount rates should be reconsidered as it is inconsistent with the current falling housing market and likely to cause further distortions.
  • RTB properties should be reserved for home ownership. Purchasers should covenant to live in the property as a home owner and on resale the property should be offered first to the local authority.
  • There is a strong case for allowing the cost floor to be increased by inflation, specifically linked to an index based on construction cost inflation, in order to ensure that the cost floor mechanism serves its purpose.

The full report is available on request from the LGA – see LGA website

CWAG Client Officer Group

The group met on 6th March 2023 to discuss issues relating to the client role and how councils are preparing for changes to regulation. The meeting included a presentation and case study from Shropshire Council regarding the work currently underway to update monitoring and performance management arrangements in preparation for enhanced consumer regulation.

Further meetings are planned as the new regulatory arrangements are rolled out. If you would like further information about the group and future meetings, please contact the Policy Officer.

derbyhomes

CWAG Newsletter – March 20232023-04-28T14:26:32+00:00

CWAG Newsletter – February 2023

This Update includes the following

  • RSH updated consumer regulation implementation plan

  • Damp and Mould Update

  • LGA Webinars

  • Excellence in Management and Partnership publication– updates available

CWAG maintenance team

RSH  Updated Consumer Regulation Implementation Plan

Last month the Regulator of Social Housing (RSH) published an updated implementation plan ‘Reshaping Consumer Regulation’ setting out a draft timetable and other guidance to help landlords prepare for the full introduction of new regulatory arrangements in April 2024.

Timetable

The Social Housing Regulation Bill is expected to receive Royal Assent before Easter. The Government will then launch a consultation on changes to its Directions to the Regulator, laying the groundwork for further consultations by the Regulator on the new regulatory standards.

Consultations

Over the summer the Regulator will be consulting on the detail of the new regulatory arrangements including:

  • The standards that will underpin proactive consumer regulation.
  • A Code of Practice on consumer issues setting out what is expected under the new standards.
  • Updated guidance setting out how the regulator will use enhanced enforcement powers included in the legislation.

Pilot Programme

The regulator has already announced a pilot programme of In-Depth Assessments (IDAs) to trial new tools and methods specific to consumer regulation.  The pilot programme will take place during 2023 and includes two local authority landlords, one of which has an ALMO (Eastbourne Borough Council).

Tenant Satisfaction Measures

Landlords will start collecting TSM data from 1 April 2023 with initial data returns due from April 2024.

New Consumer Standards

The broad themes of the new standards are as previously outlined in Reshaping consumer regulation: our principles and approach (RSH Nov 2021) namely safety, quality, neighbourhood, transparency, engagement and accountability, and tenancy. In addition, the current Social Housing Regulation Bill includes an additional power for the regulator to set standards for professional competency and conduct in the sector.

Diversity, Fairness and Respect

The RSH implementation plan highlights a new focus on tenants engagement – ‘This includes an increased emphasis on engaging with tenants and listening to and hearing their views about their landlord to inform our regulatory response.’ The new standards regime will look for assurance that landlords are addressing the diverse needs of tenants and ensuring tenants are treated with fairness and respect.

The Regulator has set out four key questions for landlords:

  • Do landlords know what outcomes are achieved across the diverse spectrum of their tenants?
  • What data do landlords have access to?
  • Does everyone get fair access to and receive good services?
  • How do landlords know?

In order to evaluate landlords’ performance, the regulator will be looking at new sources of evidence and assurance, particularly feedback from tenants. There is an onus on landlords to ensure they have appropriate arrangements to allow tenant feedback and scrutiny of services and a route to directly influence decision making, holding boards and councillors to account.

Damp and Mould Update

The Regulator of Social Housing (RSH), Department of Levelling Up Housing and Communities (DLUHC), and Housing Ombudsman (HO) have all recently published updates on policy approaches and expectations relating to damp and mould issues in social housing.

Regulator of Social Housing – initial findings from damp and mould survey

At the end of last year, the RSH asked all larger providers of social housing to submit evidence of the extent of damp and mould in their tenants homes as well as information on their approach to tackling this.

Differences in the way registered providers collect and record information on this issue mean it is difficult to make an accurate assessment of the extent of damp and mould issues in the sector overall. However, the initial findings indicate that most providers:

  • Take damp and mould seriously.
  • Identify and address damp and mould in tenants’ homes.
  • Have made improvements in how they handle damp and mould cases over the last year.

A minority of registered providers supplied poor quality information which:

  • Relied on reactive approaches to identifying problems rather than proactively looking for evidence of damp and mould e.g. through property surveys,
  • Had less detailed or older data,
  • Had weaker evidence on assurance, oversight and understanding the condition of homes.

Going forward, the RSH expects all registered providers to make improvements to how they protect tenants from the potential harm that damp and mould can cause. The regulator will also be engaging directly with individual providers where the data supplied was poor or which reported a high prevalence of damp and mould problems.

Read the RSH Report ‘Damp and Mould in Social Housing: initial findings

DLUHC update on government’s work to improve the quality of social housing

DLUHC has published the first of a series of updates setting out current work to improve the quality of social housing. This features several policy initiatives relating to tackling damp and mould:

This highlights the following progress to date:

  • A joint Department of Health and Social Care (DHSC) and DLUHC review of existing guidance on the health impacts of damp and mould in homes. New consolidated guidance on this will be published by the summer 2023.
  • DLUHC is considering introducing tougher measures on hazards including damp and mould in homes.
  • Parallel action in the private rented sector is proposed via the forthcoming Renter Reform Bill which will include a package of reforms including a Private Rented Sector Ombudsman.
  • The Social Housing Regulation Bill will bring introduce new consumer protections alongside a renewed focus on resident engagement and complaints handling as well  tougher sanctions for landlords.
  • The Social Housing Regulation Bill will also make energy efficiency a main objective of the Regulator of Social Housing (RSH) and linked to this is a planned consultation on improving the energy efficiency of social housing.

Read the January 2023 – update on government’s work to improve the quality of social housing

Housing Ombudsman revisits damp and mould report

The Housing Ombudsman has published an update on the October 2021 Spotlight Report ‘Damp and mould – It’s not lifestyle’. The new report – which considers performance one – year on from the report – highlights that whilst there has been some progress, there is worrying evidence of complacency amongst some in the sector. In the meantime, the volume of complaints and findings of maladministration continue to rise.

The new report highlights 10 recommendations for governing bodies  that will support progress and successful scrutiny.

  • Find your silence – identify who is not using the complaints process, and why.
  • Proactive communication strategy – the tone of advice to residents is key. Communicate evidence of good practice effectively to residents.
  • Treat residents fairly – each case needs to be treated individually, avoid making assumptions. Behind each report of damp and mould, there is a person or people who may be suffering and that should be the focus.
  • Improve record keeping – good record-keeping is an integral part of service provision, not an optional extra.
  • Know your residents – issues include overcrowding and the availability and use of heating and ventilation systems. Also, individual circumstances such as disability, financial hardship, and health conditions.
  • Check net zero plans – landlords need to consider whether a green drive will push people into fuel poverty, particularly as electrical heating costs more than gas.
  • Know your stock – Identify which properties are at risk of damp and mould or already have this problem. Ensure essential works are completed before reletting / mutual exchanges.
  • Have a dedicated damp and mould strategy – This should be wider than individual cases, proactively identifying themes and trends. It should also ensure alignment with other policies such as mutual exchange and the void standard.
  • Empower Staff – landlords should consider the Chartered Institute of Housing’s Professional Standards if they have not already done so. Encourage practical solutions and proactive approach to identifying and solving problems.
  • Use the complaints system to learn – analyse the complaints received and use insights to make improvements. Continue to use the complaints process, even where legal action has been suggested, as there still may be an opportunity to resolve the matter.

Excellence in Management and Partnership – Updated report / residents’ briefing available

The CWAG/ NFA report ‘Excellence in management and partnership’ has been updated to reflect recent changes to legislation and the introduction of TSMs. The NFA has also recently produced a residents briefing / toolkit as part of the overall package

For further information and to download the updated versions of the report – link

building of excellence in management and partnership

Diary Dates

LGA Webinar – Handling Complaints and Improving Tenant Experience – Friday 3rd March 2023 10.30 – 12.00

The LGA is holding a webinar focussing on complaints handling in social housing. The webinar is being held over Zoom and is free to LGA members. The programme includes the following:

  • Richard Blakeway, Housing Ombudsman will discuss complaints with a particular focus on damp and mould.
  • DLUHC will share information on their updated social housing complaints campaign.
  • The Chartered Institute of Housing will speak about their Better Housing Review.

To find out more information and to book follow the link: Local Government Association

LGA Webinar – Building Safety (Session 3) – Thursday 9th March 2023 (2.00p.m – 4.00p.m)

This free LGA webinar funded by government will provide updates on councils responsibilities as landlords and ALMOs in respect of the new building safety regime, Fire Safety Act and associated regulations. Representatives from the Health and Safety Executive, Home Office and the National Fire Chiefs Council will provide updates and answer questions.

The webinar is being held over Zoom and is open to council officers and ALMOs. To book use link:  Local Government Association

CWAG Newsletter – February 20232023-04-28T14:26:32+00:00

CWAG Newsletter – January 2023

derbyhomes

This Update includes the following

  • Better Social Housing Review

  • CWAG Diary

  • Recent Publications

Better Social Housing Review

The Better Social Housing Review published in December 2022 follows a six-month examination of the key issues and challenges currently facing social housing. The review  which was undertaken by a panel of independent experts on behalf of the National Housing Federation (NHF) and Chartered Institute of Housing (CIH) addresses itself specifically to housing associations although there is a read across to the wider social housing sector.

The review identifies two central issues as top priorities for those living in social housing, namely the suitability and quality of housing stock and the housing association’s culture and responsiveness to tenants’ concerns and complaints. The Report goes on to make a series of detailed recommendations to address current issues and concerns – see box

The NHF and CIH have accepted the report and its findings and are committed to developing an action plan to implement its recommendations. Secretary of State Michael Gove also welcomed the report’s call for a full audit of social rented stock to identify and tackle disrepair alongside action on wider resident concerns around service delivery and engagement flagged up in the report.

Read the report

There are seven key recommendations:

  • The sector should refocus on its core purpose – to provide decent, safe homes for those who can’t afford the market.
  • A national audit of social housing stock to address the absence of a comprehensive, consistently measured picture of the state of social housing across the country. The report recommends that all organisations should use the new HACT UK Housing Data Standards.
  • Organisations should ask tenants, frontline staff and contractors to work together to review how the organisation deals with maintenance and repairs with a view to developing new standards and definitions for what an excellent maintenance and repairs process looks like.
  • Renewed focus, resources and training to support the traditional housing officer role.
  • Tenants should be recognised as key partners with initiatives to expand the roles they can play within organisations to ensure tenants have a voice and influence at every level of decision making.
  • Organisations should develop a proactive local community presence through community hubs which foster greater multi-agency working.
  • Organisations should work with their tenants and frontline to undertake an annual review of the progress in implementing the recommendations of the review.

CWAG Diary

Finance and Business Planning Meeting – 24th January 2023 (10.30a.m – 12.30p.m)

Steve Partridge – Savills Director of Housing Consultancy will lead this event which will focus on current finance and business planning issues including the impact if the rent cap, inflationary pressures and other pressures on the HRA. The meeting will be of particular interest to finance officers, and anyone involved in HRA strategy and business planning.

The event is a free event that is open to CWAG members – to book a place, please contact the Policy Officer.

derbyhomes with men walking

Recent Publications

Check your fire safety responsibilities under the Fire Safety (England) Regulations 2022

The Home Office published a guide to the new Fire Safety Regulations in England which come into force on 23rd January 2023. The new regulations cover all buildings containing two or more domestic premises with common parts. The main purpose of the regulations relates to new duties for ‘responsible persons’ in respect of high-rise buildings. These duties include signages, information requirements for residents and the Fire Service along with regular checks to fire doors, lifts and fire safety equipment.

Download Guide

Housing Ombudsman Service Insight Report July -September 2022

This latest Insight Report covers complaints data for the second quarter of 2022. Complaints volumes remain at a high level and cases upheld remains high at 55%. The majority of complaints continue to relate to property condition, but a sizable number also relate to complaints handling. This report includes four good practice case studies drawn from Greater London.

Download Report

English Housing Survey 2021 to 2022: headline report

Latest DLUHC English Housing Survey Report covers the latest information on the breakdown of housing by tenure, household characteristics as well as information on property condition and energy efficiency.

Download Report

CWAG Newsletter – January 20232023-04-24T10:15:02+00:00
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