Library Archive
NFA Annual Members Survey 2021 – Building Homes Supporting Communities – published April 2022
The NFA Annual Survey provides a snapshot of the ALMO sector, including stock in management and the additional services and programmes being delivered by ALMOs on behalf of parent councils. There are updates on the make-up of ALMO Boards, HRA management arrangements along with information on wider issues and trends including newbuild programmes, asset management and decarbonisation.
The latest summary survey report is available on the NFA Website
CWAG News Update July 2022
This Update includes the following
Boris Johnson relaunches housing association RTB scheme
Home ownership initiatives were a key element in what was billed as Boris Johnson’s relaunch speech on 9th June 2022, following the vote of confidence in his leadership.
In his speech Boris Johnson confirmed the government’s intention to extend the Right to Buy to housing association tenants:
‘I want us to deliver on the long-standing commitment, made by several governments, to extend the right to buy to housing associations.’ Boris Johnson
This policy dates back to the 2015 Conservative Election Manifesto and the subsequent agreement with the National Housing Federation (NHF). It is a voluntary rather than a statutory scheme.
A 2018 pilot programme in the Midlands generated 1,892 sales by April 2020 – relatively small scale compared with the statutory council scheme. The evaluation of the pilot highlighted significant funding and replacement issues the considerable time lag before replacement properties become available. Also, replacement properties are often smaller and in different geographical areas from the original RTB property. The requirement to develop two affordable homes for each property sold in London, in certain circumstances, has also proved difficult to deliver.
Johnson’s announcement didn’t identify how the programme will be funded. In what may be a positive sign, the speech didn’t refer to receipts from the sale of vacant higher value council housing as a source of funding. However the power to raise funds by this route remains on the statute books despite a commitment in the Social Housing Green Paper to repeal the power ‘as soon as Parliamentary time allows’.
In a separate statement Michael Gove indicated that funding for discounts and replacement homes would come from “across Government.” He also referred to replacing homes on a like-for-like basis. This implies that the number of tenants able to exercise the new housing association RTB scheme is likely to be capped and directly linked to the level of funding available.
Johnson also announced an independent review of access to mortgage finance for first-time buyers and changes to welfare rules to allow wider use of benefit payments to cover mortgage costs:
‘We want it to be easier to get a mortgage…. So, today I can announce a comprehensive review of the mortgage market.’ Boris Johnson
The review will report later this year and will focus on better access to low deposit mortgages and offering alternative financing options to extend opportunities for home ownership.
‘We will look to change the rules on welfare so that the 1.5 million working people who are in receipt of housing benefits and want to buy their first home will be given a new choice’ Boris Johnson
This announcement may provide a further boost to RTB as tenants convert rent payments into mortgage payments.
Social Housing Regulation Bill
On 8th June 2022 the Government published the Social Housing Regulation Bill; this has now completed its first and second reading stages in the House of Lords and will move on to the House of Commons.
The Bill will remove the ‘serious detriment’ test and allow for the introduction of proactive consumer regulation by the Regulator of Social Housing (RSH). Much of the work required to implement the legislation is being progressed in parallel by the RSH to allow for its early introduction.
Key changes include the introduction of new consumer standards and satisfaction measures to track landlord performance, increasing accountability and transparency. An advisory panel made up of social housing tenants, social landlords and others will also be set up to provide information and advice to the Regulator.
The legislation introduces a regime of routine inspections for social landlords with more than 1000 homes, referred to by the government as ‘Ofsted-style inspections’. In addition, the RSH will gain new enforcement powers to levy fines and order emergency remedial works for which social landlords will be financially liable.
The Bill also includes a mechanism for the Secretary of State to impose new electrical safety duties on landlords. The government has published a related consultation on electrical safety standards for social housing to run alongside the legislative process. The consultation proposes mandatory PAT testing of all electrical appliances provided by the landlord at least every 5 years.
White Paper – ‘A fairer private rented sector’
On 16th June 2022 DLUHC published a White Paper setting out government policy for the private rented sector (PRS) as part of the wider levelling up agenda. This includes plans for a Renters Reform Bill which will include the following:
· Abolition of Section 21 ‘no-fault’ evictions and introduction of a simpler tenancy structure
· Application of the Decent Homes Standard to the PRS for the first time
· Introduction of a new Property Portal to help landlords understand their obligations
· Introduction of a housing ombudsman covering all PRS landlords
The White Paper sets out a 12-point action plan which includes measures to strengthen local councils’ enforcement powers as well as proposals to make it illegal for landlords to have blanket bans on renting to families with children or those in receipt of benefits.
There will be major reform of tenancy law as all tenants are to be moved onto a system of periodic tenancies, meaning that a tenancy will only end if a tenant ends it or a landlord has a valid reason for obtaining possession, defined in law. There will be a doubling of notice periods for rent increases and tenants will have stronger powers to challenge these.
It will also be easier for tenants to have pets, a right which the landlord must consider and cannot unreasonably refuse.
New in the Library
Presentation Slides – Fire and Building Safety Webinar – 23rd June 2022
CWAG members attended a joint ARCH / NFA briefing on the Fire Safety Act 2021 and Building Safety Act 2022. Presentations included a detailed overview of the legislation and timetable for implementation up to the full safety case ‘switch on’ in April 2024. There were presentations from the Department of Levelling-up, Housing and Communities (DLUHC), the new Building Safety Regulator (one of 3 new Regulators to be set up under the legislation) and the Home Office which has responsibility for the new Fire Safety (England) Regulations 2022. The meeting also included case studies from councils and ALMOs that have made a start in implementing the new arrangements.
Recent Publications
House of Commons Library Research Briefing – Introducing a voluntary Right to Buy for housing association tenants in England – June 2022
This research paper sets out the background to the housing association voluntary Right to Buy scheme and discusses the issues raised by the different pilot programmes.
Housing Ombudsman Service Insight Report – Issue 10 – Published June 2022
This latest report covers January to March 2022, a period in which 6,128 enquiries and complaints were received by the watchdog. Case studies in this edition are drawn from the East and West Midlands and East of England.
CWAG News Update May 2022
This update includes the following:
Queen’s Speech 2022 – Housing Issues
Complaints about repairs and tackling disrepair claims
Government changes stance on PEEPs
Showcasing Good Examples of Council Housing
Diary Date – Next CWAG Meeting
Recent Publications
Queen’s Speech 2022 – Housing Issues
On 10th May 2022 the Queen’s Speech, delivered this year by Prince Charles, set out government priorities for the next Parliamentary session, including the following legislative proposals with implications for the housing sector:
Renters Reform Bill
The government confirmed its intention to publish a White Paper setting out proposals for ‘landmark reform of the private rented sector.’ Measures include:
· The abolition of so called ‘no fault evictions’ is to be set alongside stronger grounds for possession where there are repeated rent arrears. Also, reduced notice periods will apply in cases of anti-social behaviour.
· A new decent homes standard that will be legally binding for the first time in the private rented sector.
· A new Ombudsman for the private rented sector is to be set up to help resolve disputes and develop a new property portal to give tenants information enabling them to hold their landlord to account.
Social Housing Regulation Bill
This long-anticipated legislation will take forward proposals from the Social Housing White Paper, strengthening Consumer Regulation and the powers of the Regulator of Social Housing. The Bill is expected to be based on draft clauses published in March this year.
Levelling up and Regeneration Bill
This Bill, published on 11 May 2022, takes forward proposals in the Levelling Up White Paper and includes measures with implications for planning reform and housing delivery.
· The Bill aims to improve the planning system and give communities a louder voice in development decisions in their area. The premise being that making sure developments are “beautiful, green and accompanied by new infrastructure and affordable housing” will help address concerns over development and reduce opposition.
· Proposals in the Bill include the introduction of a locally determined levy to capture more of the financial value created by new development which can then be used to deliver new infrastructure and facilities for the benefit of local communities.
· The Bill sets out proposals for enhanced powers for local authorities to address the problem of long-term empty shops and underused second homes.
· In addition, there are proposals to create a new model of combined authority allowing authorities to bring forward proposals for countywide authorities that would have the critical mass to support directly elected leadership and governance models with access to devolution deals.
Complaints about Repairs and Tackling Disrepair Claims
The CWAG General Meeting on 19th May 2022 focussed on complaints handling and tackling the rising number of Housing Disrepair Claims.
Rebecca Reed from the Housing Ombudsman Service discussed the learning for landlords from the damp and mould Spotlight Report ‘It’s not lifestyle.’ Rebecca stressed the importance of Board oversight and Governance in establishing a positive organisational culture on complaints and driving the proactive and responsive approach that will help reduce disrepair claims. Landlords were encouraged to ‘find your silence’ that is those tenants who are not raising issues or using established complaints arrangements.
A case study from South Tyneside Council and ALMO highlighted the importance of joint working to address the problem of disrepair claims. This practical presentation provided an insight into how this problem has evolved and the practical measures needed in response. South Tyneside has a robust approach strongly contesting every claim and therefore potentially making the council a less attractive target to the so called ‘claims farmers’. Measures include staff awareness training throughout the ALMO, a focus on acting quickly to respond to and document all issues and actions as well as employing technical surveying expertise in house. The council also uses a private legal firm to fight cases and employs a specialist cost lawyer to negotiate costs – whilst this is expensive it sends the message to claims firms that they may not achieve the settlements they hope and adds to the disincentive to target the area.
Presentation slides and meeting notes are available on the CWAG website – link
Government Changes Stance on PEEPs
On 18th May 2022 the Government published its formal response to the Personal Emergency Evacuation Plans (PEEPS) consultation for high rise residential buildings. This consultation involved proposals to implement the recommendations from Phase 1 of the Grenfell Tower Enquiry Report to make it a legal requirement for Responsible Persons to prepare evacuation plans for all residents unable to vacate the building independently in an emergency.
Despite most responses being in favour of the PEEPs proposals, significant concerns were flagged up in three areas – practicality, proportionality and safety.
The Government has now published revised proposals in the Emergency Evacuation Information Sharing (EEIS) consultation which revert to reliance on ‘staying put’ where the building is considered safe to do so. Where buildings are known to have fire safety problems, the fire service would have access to relevant information about vulnerable residents requiring evacuation assistance.
The EEIS consultation closes on 10th August 2022.
Showcasing Good Examples of Council Housing
As part of current its council housing campaigning work, the Local Government Association (LGA) is keen to highlight how building more council housing is vital to achieving the government’s 300,000 homes a year target. The LGA is looking for case study examples to support this campaign. In particular, the LGA is inviting councils to send in case studies demonstrating the challenges and benefits involved in new council house building, for example how council housing is:
- improving local residents’ health and wellbeing
- connecting communities and cater for their needs
- being more climate friendly
- improving the surrounding environment
- improving local job prospects
- improving the local economy
- giving people a safe, secure place to call home
In addition to newbuild examples, case studies showing how councils are adapting existing housing stock to meet the needs of their residents would also be helpful. The aim is to show the best examples of council housing from across the country.
Case studies will be hosted on the LGA website and social media channels and in national media stories.
Case studies can be submitted online here.
For more information or to submit your case studies direct, please email ben.murray@local.gov.uk.
Diary Date – Fire and Building Safety Briefing
The next CWAG General Meeting will be held on Wednesday 6th July 2022 (10a.m. – 12 o’clock). This will be a briefing on Fire and Building Safety issues. We are currently arranging the programme to include speakers from the LGA, Home Office and National Fire Chiefs Council. The meeting will be held over Teams. To book a place, please contact the Policy Officer.
Recent Publications
Tenant Voice – How ALMOs listen to tenants and deliver good customer services
The latest briefing published by the National Federation of ALMOs brings together case studies highlighting the work ALMOs have been doing to ensure tenants are listened to and respected. The report sets out examples demonstrating how involving residents and sharing decision making are key to driving cultural and organisational improvement, ensuring organisations are focussed on the priorities and quality services that residents really need and want. Download a copy of the publication here.
NFA Annual Survey
The National Federation of ALMOs has published its Annual Members Survey ‘Building Homes, Supporting Communities’ which this year highlights the impact of increasing pressure on the HRA from a combination of building safety works, net zero targets and affordable housebuilding. Many ALMOs are having to review newbuild plans with problems exacerbated by the lack of a long-term rent settlement and the limitations of current retrofit funding programmes. The report also provides an update on the wide range of community support activities currently undertaken by ALMOs.
Regulator of Social Housing and Housing Ombudsman Service: Factsheet
This Factsheet provides information for tenants about how to complain as well as explaining the different roles of the Regulator of Social Housing and the Housing Ombudsman Service. It also outlines how the two organisations are working together in the context of delivering commitments in the Social Housing White Paper.
CWAG News Update April 2022
Government scraps Building Safety Manager requirement
The Government has set out further amendments to the Building Safety Bill removing the requirement for building owners to employ a building safety manager on high rise blocks.
This change reflects the new approach set out by DLUHC in January based around protecting leaseholders and making building owners and developers take responsibility for fixing building safety issues.
The Bill originally required landlords of high-rise blocks to employ a building safety manager to ensure fire safety compliance. The plan envisaged that costs associated with this would be covered through a building safety charge payable by leaseholders in addition to the service charge.
By removing the legal requirement to employ a building safety manager the government is focussing responsibility on the Accountable Person, usually the building owner, to ensure fire safety requirements are met. The separate building safety charge is also to be removed with additional safety costs to be included in leaseholder service charges.
In addition, the government has extended leaseholder protections to small landlords (owning up to three properties). As a result of these amendments the government claims many leaseholders will now pay nothing for remediation works, with no leaseholder paying more than £10,000 (£15,000 in London) in total.
These amendments are a response to concerns raised by leaseholders about escalating costs and aim to provide some longer-term financial protection.
Housing Ombudsman strengthens Complaints Handling Code
The Housing Ombudsman has published an initial review of the Complaints Handling Code introduced in 2020. The review covers the period April 2020 – March 2021 and brings together insights from casework, performance reports and recent resident panel and landlord surveys.
Key issues for social landlords are identified including:
- Addressing the finding that not all landlords have adopted a positive complaint handling culture
- Increasing trust among residents that complaining will make a difference
- Procedural failings as evidenced by high uphold rates for complaints about complaint handling
- Inadequate records with poor record keeping being a common finding
- Missed or unproductive appointments
- Poor communication and lack of follow up.
The Housing Ombudsman’s Annual Complaints Review is available here
In response to the review findings, the Housing Ombudsman has strengthened and updated the Complaints Handling Code with a focus on promoting a positive complaints culture. Measures include:
· Enhanced obligations on landlords to raise awareness of the complaints process and the Housing Ombudsman.
· A member of the governing body should be appointed with lead responsibility for complaints to support a positive complaint handling culture.
· Landlords should adopt a standard objective in relation to complaint handling for all employees referencing established professional standards.
· The importance of learning from complaints should be reinforced by an explicit requirement to undertake an annual self-assessment.
Changes take effect from 1 April 2022 and landlords have until 1 October 2022 to become compliant. Further details – The Housing Ombudsman Complaints Handling Code Revised March 2022
Government sets out plans to improve the quality of social housing
On 29th March 2022, the Government published a summary of current policy initiatives aimed at improving the quality of social housing and delivering on commitments made in the Social Housing White Paper.
These include:
· Commitment set out in the Levelling Up White Paper to reduce the number of non-decent rental homes by 50% by 2050.
· Various initiatives around improving complaints handling and promoting the services of the Housing Ombudsman including a new factsheet explaining the role of the Ombudsman and how residents can seek help.
· Publication of an anti-social behaviour information pack for tenants experiencing anti-social behaviour.
· Professionalism Review looking at training and qualification levels in the social housing sector and whether additional training is required to improve services to residents.
· New regulations around the installation of smoke alarms and carbon monoxide alarms by October 2022 as well as a forthcoming consultation on electrical safety.
· New initiatives to improve Regulation of the social housing sector including the launch of a Social Housing Quality Residents Panel and proposals to name and shame failing landlords who have breached the Regulator’s consumer standards or where the Housing Ombudsman has made a severe maladministration finding.
· Publication of draft clauses to be included in forthcoming legislation to implement changes to regulation as set out in the Social Housing White Paper. Publication now is intended to signal the Government’s intention to progress this legislation as soon as Parliamentary time allows.
Next CWAG General Meeting – 19th May 2022
The next CWAG General Meeting will we held on Thursday 19th May 2022 (9.30a.m. – 11.30a.m.)
The meeting theme will focus on effective complaints handling includingthe link between a positive complaints handling culture and wider measures to mitigate the risk of successful disrepair claims.
There will be a presentation by Rebecca Reed, Head of Insight and Development at the Housing Ombudsman. Rebecca will discuss complaints handling issues and trends, including learning from recent casework, key drivers behind increasing complaint volumes and practical steps councils should be taking as landlords to improve and strengthen performance.
The meeting will also consider the current rise in disrepair claims and include case study material and the opportunity to discuss different approaches and share best practice.
Please contact the Policy Officer for further details and the meeting link.
Recent Publications
Three-year Corporate Plan sets out how the Housing Ombudsman Service plans to manage the unprecedented increase in demand for its services given the changing role and importance of complaints handling.
This report shines a light on problems experienced by social landlords where properties are developed through Section 106 Agreements. Social landlords with a headlease sit between individual leaseholders, freeholders and private sector managing agents with relationships ‘often strained and at worst dysfunctional’.
The report includes a recommendation for local authorities to ensure social landlords are involved at an early stage of schemes involving Section 106 Agreements. Failure to do so can result in long-term problems being ‘baked-in’ prior to the involvement of the social landlord. As a result, some social landlords are seeking to reduce their exposure in this sector with implications for future social housing provision.
CWAG News Update – March 2022
Building Safety Bill Update
On 14th February 2022, the Government tabled a set of amendments to the Building Safety Bill which aim to deliver on the government’s promise to protect leaseholders from building safety remediation costs and ensure developers, manufacturers and building owners pay for works to make blocks safe.
These amendments establish a statutory hierarchy of funding sources for non-cladding building safety remediation costs. Each funding source will need to be exhausted before the next tier is triggered.
1. Developers and cladding manufacturers are expected to pay first.
Enforcement is proposed through a range of measures including:
- Sanctions for those refusing to pay, including losing the ability to receive planning permission and building control sign off for their projects.
- New powers to prevent developers avoiding liability by using shell companies for individual developments. Where the parent company linked to the original development firm is still trading the liability will revert to them.
- Cost contribution orders for cladding and insulation manufacturing firms convicted of an offence and new powers for residents to sue manufacturers under the Defective Premises Act.
2. Freeholders are expected to pay next, subject to their ability to pay.
- The proposed amendment requires freeholders with resources to pay the full cost of remediation works, putting the freeholders liability to pay ahead of the leaseholder.
3. Leaseholders will only be expected to pay a capped amount once other potential funding sources are exhausted.
- Leaseholder contributions will be capped at £15,000 in London and £10,000 elsewhere.
- Any costs paid out be leaseholders towards building safety in the past 5 years will count towards the capped amount e.g. waking watch payments. Caps will also be reduced on a pro-rata basis for shared ownership.
Implications for local authority and other social landlords
These amendments do not draw a distinction between developers and local authorities. So far, there is no indication that the social sector will be given special treatment and excluded from these additional financial liabilities, which has implications for the Housing Revenue Account (HRA). In addition, there is a separate concern about developments on council owned land where the council is the freeholder. See LGA briefing on the Building Safety Bill for further details and related LGA ‘asks’.
Consultation Response – Tenant Satisfaction Measures
CWAG members met on 17th February to consider the Regulator of Social Housing’s (RSH) consultation on Tenant Satisfaction Measures (TSMs).
Kate Dodsworth, Head of Consumer Regulation at RSH introduced the session outlining the role of TSMs and the wider regulatory and cultural shift which aims to provide a clearer focus on how tenants experience landlord services. TSMs are one element of more proactive consumer regulation.
At the time of our meeting, the RSH had already received in excess of 300 responses to the consultation, an indicator of the widespread interest and debate that has been generated around the consultation.
There are 22 proposed TSMs which track the 5 key themes in the Social Housing White Paper:
· Keeping properties in good repair
· Maintaining building safety
· Effective handling of complaints
· Respectful and helpful engagement
· Responsible neighbourhood management.
CWAG members were keen to acknowledge that TSMs will provide insights into landlord performance and recognise that tenants may find the information useful in comparing their landlord with others. However, the data is at a very high level from a tenant perspective which may undermine the primary objective of TSMs which is to provide greater transparency on landlord performance in a way that is meaningful to tenants.
Other feedback highlighted a concern that TSMs are overly reliant on high level perception data. Members felt perception surveys may pick up dated, inaccurate or subjective views, for example on quality of repair and other technical issues, giving a distorted picture of landlord performance. It would therefore be helpful to include additional measures to triangulate performance data. For example, data from the English House Condition Survey would offer a broader perspective on stock condition, providing an independent check to balance results based on perception data alone.
Some CWAG members also felt that transactional surveys should be included where they provide more focussed and accurate data, for example on anti-social behaviour and for evaluating performance on repairs.
The technical part of the consultation (as detailed in the consultation annexes) is very difficult to either agree or disagree with at this point. CWAG members suggested that it would be helpful to run the proposed system initially as a pilot to test the methodology and identify any issues and discrepancies prior to implementing full publication and regulatory scrutiny.
Social Housing Decarbonisation Fund – Update
The 2019 Conservative Manifesto included a proposal for a £3.8bn Social Housing Decarbonisation Fund (SHDF) over a 10- year period, to improve the energy performance of social rented homes.
The 2020 Summer Economic Update announced the £50m Demonstrator fund (later increased to £61m) to deliver innovative retrofit projects for social housing, demonstrating a targeted performance level and cost reduction. The Demonstrator Programme covered 18 projects and 2100 dwellings and was focussed on learning lessons about high complexity whole house retrofits.
The Government then announced £160m (later increased to £179m) for Wave 1 of the SHDF in financial year 2021/22 (projects are due to complete by March 2023). This programme includes 69 projects and is due to deliver upgrades to 20,000 social housing properties with Energy Performance Certificate (EPC) rating of D or lower. The programme has a focus on ‘fabric first’ heat loss prevention measures in preparation for low carbon heating, either now or in the future.
The 2021 Spending Review has committed a further £800 million to the SHDF for the three-year period. The bidding round for Wave 2 will be launched in the new financial year and will again focus on ‘fabric first’ and ‘clean heat where appropriate’. Support is available for local authorities wishing to bid – see Self-Assessment and Presentation on Social Housing Decarbonisation Fund by Matt Harrison – BEIS Programme Director.
Housing Ombudsman Updates
In February the Housing Ombudsman Service published three reports providing feedback and learning from recent complaints handling casework.
Insight Report Issue 9 covering October – December 2021 including a regional focus on the North of England.
The volume of enquiries and complaints to the Housing Ombudsman service has continued to rise steeply – the service received 6,313 enquiries and complaints between October and December 2021, a rise of 53% as compared to the same quarter in 2020. Maladministration was found to have occurred in 47% of cases, also an increase on the previous review period.
Key learning points highlighted include the importance of effective communication, mediation to achieve earlier resolution and continued monitoring of ASB complaints.
Report into complaint handling failure orders issued October -December 2021
The purpose of complaint handling failure orders is to ensure that a landlord’s complaint handling process is accessible, consistent and enables the timely progression of complaints for residents.
Complaint handling failures orders are used in cases of:
· Landlord’s unreasonable delays in accepting or progressing a complaint through its process
· Unreasonable delays in providing complaint information requested by the Ombudsman
· Complaints procedures and processes that are not being compliant with the Ombudsman’s Complaint Handling Code.
This report covers the 19 complaint handling failure orders issued between October and December 2021 and includes 3 case studies demonstrating how and when failure orders are used. Read Report
Recent Publications
Social Housing Reform in England: What Next? Research Briefing published by the House of Commons Library (February 2022)
This briefing paper considers the period since the Grenfell Fire in June 2017, setting out the government’s plans for reform of social housing and progress achieved to date. Ongoing issues and concerns are identified including:
· the slow pace of social housing reform;
· failure to address issues around the supply of homes for social rent;
· lack of clarity about who and what social housing is for;
· failure to fully address the issue of stigma, exacerbated by the Government’s strong focus on home ownership;
· lack of a national platform or representative body to represent tenants’ interests;
· potential resourcing challenges for social landlords.
CWAG News Update February 2022
Building Safety Update
Progress of the Building Safety Bill
The Building Safety Bill has completed the 3rd reading stage in the House of Commons and has now begun its passage through the House of Lords. The Bill is expected to become law before the end of this Parliamentary session.
Work on the associated secondary legislation is already advanced but there will still need to be a series of public consultations around implementation issues once the Bill becomes law. Full implementation is likely to follow on within a year to 18 months.
Government plans to protect leaseholders and make developers pay for the cladding crisis
On 10th January Michael Gove, Secretary of State for Levelling Up, announced significant changes to the Government’s approach to tackling the cladding crisis in high rise buildings. Key elements include:
– New protections for leaseholders; including a commitment that they will not be billed for fixing unsafe cladding.
– An amendment to the Building Safety Bill will extend the legal right of leaseholders to seek compensation from developers for safety defects in buildings up to 30 years old.
– An additional £27million fund will be made available to cover the installation of fire alarms in all high-risk buildings (not limited to buildings over 18m). This is intended to end the costly use of waking watch fire safety patrols, usually paid for by leaseholders.
– Restoring a proportionate common-sense approach to building assessments through a government backed scheme to indemnify building assessors from being sued; and withdrawing the previous government advice that prompted so many buildings being declared as unsafe.
The principle underpinning these measures is that those responsible for the cladding problem should fund remediation. Developers and companies at fault will be held accountable and required to fix the buildings they built or face commercial consequences, including a government-imposed solution, if they refuse to comply. The industry has been given 2 months to agree a plan of action to fund remediation costs, currently estimated at £4 billion.
Success will depend on the responsiveness of the building industry and the credibility of the threatened sanctions if they fail to comply. Some commentators question whether the sum of £4 billion will be sufficient to address the scale of the problems which now extend well beyond the initial cladding scandal to other building components. Other measures to free up the housing market depend on the responsiveness of lenders and other professionals to the Government’s attempts to promote a more proportionate approach to risk and building safety.
Social Housing Regulation Bill to be published in March
The 2021 Queen’s Speech did not include a Social Housing Bill resulting in uncertainty around the timetable for the implementation of pro-active consumer regulation.
However, the Government has now indicated its intention to publish the Social Housing Regulation Bill in March this year, signalling that the legislation required to effect key changes to the Regulator’s key objectives will be progressed more quickly than anticipated, highlighting the importance of work already under way within the sector to prepare for the new arrangements.
Social Housing White Paper Professionalism Review
The Department of Levelling Up, Housing and Communities has announced a Professionalism Review which aims to drive up standards within the social housing sector. This was identified as a priority in the Social Housing White Paper and aims to ensure staff are ‘better equipped to support tenants, deal effectively with complaints and ensure homes are good quality’.
The review will consider issues around staff training and qualifications as well as evidence from social housing residents about their experience dealing with social housing staff.
For further information see the MLUHC press release
Next CWAG Meeting Details
The next CWAG meeting will consider the RSH Consultation on Tenant Satisfaction Measures (TSMs).
Kate Dodsworth Director of Consumer Regulation at RSH will introduce the session setting out the background and rationale underpinning the TSMs and how they fit within the wider proposed changes to regulation in the Social Housing White Paper.
This will be followed by a discussion around the consultation questions and in particular issues for councils with ALMOs, given that the data collection element may be undertaken by the ALMO but has implications for the council as landlord.
The meeting will be held over Teams on Thursday 17th February 2022 (timing 9.30a.m – 11a.m.)
Please contact the Policy Officer for further details and the meeting link.
CWAG Website Survey
CWAG is planning to replace the group’s existing website over the next few months. As a starting point we are seeking feedback on how members use the current website and the features and functionality you would like to see in the new website. Please send feedback by 9th February 2022.We would also like to identify a ‘virtual steering group’ of CWAG members to comment on the plans as they develop. Please contact the Policy Officer if you would be interested in being part of this group.
Housing Ombudsman Spotlight Reports
The Housing Ombudsman’s Spotlight reports use insights from casework to share learning and drive improvements for the benefit of all residents. Recent reports have looked at damp and mould, cladding complaints and heating and hot water.
In 2022 there will be two new reports:
The first of the reports will consider maladministration cases where a managing agent may have been involved in the response to the resident’s issues. In these circumstances the Ombudsman considers the landlord to be responsible for the relationship with the resident and therefore responsible for working with other parties to resolve issues.
The second report will focus on complaints about noise, often including anti-social behaviour, which are a large and growing element of the Ombudsman’s casework. The report, due to be published in the summer, will cover:
- Noise caused by other residents
- Noise from works, contractors or other external sources
- Noise attributed to poor soundproofing or other building defects.
New in the Library
Presentation Slides from the Finance and Business Planning Meeting held on 25th January 2022