Library Archive
CWAG Newsletter – February 2023
This Update includes the following
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
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 – January 2023
This Update includes the following
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.
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.
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.
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.
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.
The Better Social Housing Review
The Better Social Housing Review follows a six-month examination of the key issues and challenges facing social housing by a panel of independent experts on behalf of the National Housing Federation and Chartered Institute of Housing. This review 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 people living in social housing:
- the suitability and quality of housing stock
- the housing association’s culture and responsiveness to tenants’ concerns and complaints
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 develop a consistent 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 bring together tenants, frontline staff and contractors to review maintenance and repairs and develop new approaches and definitions for what an excellent maintenance and repairs process looks like.
- There should be a renewed focus on resources and training to support the traditional housing officer role.
- Tenants should be recognised as key partners with initiatives to expand their role 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.
The review has been warmly welcomed by housing organisations and others including Michael Gove, Secretary of State for Levelling Up, Housing and Communities, who endorsed the call for an audit of stock condition and action on disrepair along with other improvements to address wider resident concerns around service delivery and engagement.
CWAG Newsletter – December 2022
This Update includes the following
Government demands action to drive up standards in rented housing
The coroner’s verdict that the tragic death of Awaab Ishak was caused by prolonged exposure to mould in his parents’ Rochdale flat has prompted Secretary of State Michael Gove to seek wider assurances from local authorities and social landlords that risks relating to mould and damp in tenanted homes are being addressed.
On 19th November 2022 Michael Gove wrote to all social housing providers reminding them of that they must meet the Decent Homes Standard and be aware of, and carry out rapid remedial works to, any properties that do not. Landlords are expected to know the extent of damp and mould issues in their stock and be addressing these.
A follow up letter from the Regulator of Social Housing seeks specific assurances that all providers have a clear understanding of the nature and extent of damp and mould issues in their homes with detailed survey information confirming the position to be submitted to the Regulator by 19th December 2022. Where properties do not meet the relevant standards there should be immediate self-referral to the Regulator.
A further letter to all local authority Chief Executives and council leaders references local authority duties toward tenants in the private rented sector as set out in the Housing Act 2004. The Secretary of State has issued a direction that local authorities urgently review and report back on categories 1 and 2 damp and mould hazards affecting privately rented properties in their areas. In addition, authorities are required to supply data on enforcement action and prosecutions in the past three years.
On 24th November 2022 the Secretary of State issued a press notice further reinforcing the government’s determination to hold landlords to account for the condition of their homes. This included the following measures:
- Rochdale Boroughwide Housing, the landlord in the Awaab Ishak case, will not receive allocated Affordable Homes Programme (AHP) funding until the Regulator of Social Housing has completed its investigation and the landlord can prove it is a ‘responsible’ landlord.
- The Secretary of State will also block any housing provider that breaches the Regulator’s consumer standards from receiving new AHP funding and will consider stripping providers of existing AHP funding, unless construction has already started on site.
- A government funding package totalling £14million was announced for 7 areas with high levels of poor quality private rented homes to test out new approaches to driving up standards in the PRS.
Chancellor sets rent cap at 7% in Autumn Statement
As part of the Autumn Statement on 17th November 2022 the government announced the outcome of the Social Housing Rents Consultation with the rent cap for 2023 set at 7% but with an exception for supported housing. Registered Providers of social housing have the flexibility to apply a lower increase, or to freeze or reduce rents, if they wish to do so.
The 7% figure is higher than suggested in the earlier consultation paper where a cap of 5% was the suggested option. The higher figure has been presented as an attempt by government to strike a balance between protecting tenants from high rent increases and ensuring that Registered Providers of social housing remain financially viable.
The government intends to consult separately next year on social housing rent policy from 2025 onwards. To inform this, DLUHC will launch a call for evidence on whether social landlords should be permitted, gradually over time, to bring rents back up to the level they would have been had 7% cap not been applied. Other factors including affordability for tenants and welfare expenditure will also be taken into account.
Retrofit Credits scheme
A new scheme developed by the Housing Association Charitable Trust (HACT) in partnership with Arctica Partners may be of interest to councils putting together funding packages for energy efficiency and decarbonisation works.
Retrofit credits is a UK based carbon credits scheme that enables organisations to offset their carbon emissions by investing in social housing. The scheme involves using a tested methodology to measure both the carbon savings and social value created through retrofit activity. To ensure the environmental integrity of the issued credits, the scheme has been developed under the Verified Carbon Standard, the world’s leading certification programme for emission reduction projects.
It is anticipated that the scheme has the potential to generate significant funding for retrofit schemes in social housing. The scheme is currently being piloted but will be formally launched in 2023.
More information is available in the prospectus document and frequently asked questions.
Housing Ombudsman call for evidence on record keeping
The Housing Ombudsman has announced that its next systemic investigation and Spotlight Report will look at record keeping and data management around complaints handling. This reflects a concern that poor record keeping is a key factor in 67% of maladministration determinations.
A call for evidence has been issues that seeks to understand more about current barriers to effective information management on complaints.
The aim is to share best practice around record keeping and data handling and help landlords develop policies and procedures that are consistent and effective and improve the experience of all residents.
Diary Dates
CWAG Client Officer Group – Monday 12th December 2022
CWAG members interested in setting up a networking group to discuss issues relating to the managing the ALMO client role including performance, regulation, and assurance issues will be meeting to discuss Terms of Reference for the group and agree an initial programme of issues for review. Contact the Policy Officer for further details.
LGA Building Safety Webinar – Monday 19th December 2022 (1p.m – 3p.m)
The LGA is hosting a further building safety webinar that will provide updates on councils’ responsibilities as landlords/ALMO overseers in respect of the new Building Safety regime, the Fire Safety Act and new fire safety regulations arriving in January. This is a free event open to council / ALMO officers with an interest in the new building safety regime and the Fire Safety Act. To book use link
CWAG 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 implications of the recently announced rent cap, inflation 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 open to CWAG members - to book a place, please contact the Policy Officer.
Recent Publications
Sector Risk Profile 2022 – Regulator of Social Housing (RSH)
This RSH report sets out the most significant current risks to maintaining compliance with the regulatory standards and is essential reading for social housing providers facing an increasingly complex operating environment, reducing resources and a growing list of priorities. Read Report
Decarbonising Social Housing – Lessons from the ALMO Sector
The National Federation of ALMOs (NFA) has just published a new report which examines the decarbonisation challenge facing the sector alongside seven case studies which illustrate various approaches ALMOs are taking to decarbonise the stock and make tenants homes more energy efficient. It also sets out recommendations for government and policymakers to support housing providers in moving forward on the decarbonisation agenda.
CWAG Newsletter – November 2022
This Update includes the following
Michael Gove re-appointed as Secretary of State (DLUHC)
Rishi Sunak’s reappointment of Michael Gove’s as Secretary of State for Levelling Up, Housing and Communities signals a return to continuity in housing policy with a focus on the 2018 election manifesto commitments including levelling up and housebuilding. However, the environment is now much more challenging than at the time of his earlier sacking by Boris Johnson back in July, raising questions around what can now realistically be achieved given high inflation and squeezed departmental budgets.
In a recent BBC interview Gove restated the government’s commitment to building 300,000 new homes a year although admitted this would be ‘difficult’ stressing the importance of having the consent of local communities, protecting the environment, and ensuring developments are ‘beautiful’ and matched with appropriate infrastructure. He also confirmed his department would be continuing with previously announced legislation to tackle rogue landlords as set out in ‘A Fairer Private Rented Sector’ White Paper.
The Fiscal Statement due on 17th November 2022 will set out the wider financial position for DLUHC with implications for a key policy areas. It is likely that the decision on proposals to cap the level of social rent increases in 2023 will be delayed until the wider fiscal position becomes clearer.
Lee Rowley (MP for NE Derbyshire) has also retained his position as Housing Minister.
LGA Webinars
The following LGA webinars may be of interest to CWAG members and can be attended free of charge:
Webinar -Building Safety Update – Monday 7th November 2022 (11.30 am – 1.30 pm)
This free LGA webinar will provide an update on councils’ responsibilities in respect of the new Building Safety regime, the Fire Safety Act and new fire safety regulations arriving in January.
There will be speakers from the HSE, the Home Office and the National Fire Chiefs Council (NFCC). The event aims to bring attendees fully up to date on the new arrangements with a focus ensuring that residents are safe and feel safe in their homes. The LGA will also give an update on its PEEPs work.
The webinar is being held over Zoom and is open to council officers and ALMOs. To book use link
Webinar – The Social Housing Regulation Bill – Monday 21st November 2022 (10.30 am – 12.30 pm)
This LGA event is a collaboration with ARCH and the NFA. The programme will discuss the forthcoming Social Housing Regulation Bill and includes speakers from the Department for Levelling Up, Housing and Communities (DLUHC) and the Regulator of Social Housing (RSH).
The webinar is being held over Zoom and is free to LGA members. To find out more information and to book use link
Recent Publications
Housing Ombudsman Spotlight Report – Noise Complaints: time to be heard
This latest Spotlight Report looked in depth at noise related complaints drawing on casework and a recent ‘call for evidence’. The report highlights a fundamental unfairness in the way many social landlords approach noise complaints, with most being dealt with as anti-social behaviour (ASB) even where they relate to general household noise.
Landlords are often caught up in time consuming and futile interventions which fail to tackle the underlying issues. Whilst recognising that this is a complex area where solutions are often difficult, the sector is urged to adopt several alternative approaches to address current poor outcomes and the significant costs to residents in terms of their mental health and well-being.
The report includes a 32-point self-assessment tool setting out a range of possible measures to reduce noise related complaints including changes to the building fabric, management arrangements and the way noise complaints are categorised.
Download Report and Self-Assessment Tool
A Housing Ombudsman is holding a webinar to discuss the report and answer questions on Wednesday 16 November 2022 at 2pm. This is aimed at landlords, governing body members and engaged residents. For further details on how to book – link
The Levelling Up, Housing and Communities Select Committee Exempt Accommodation Report published 19th October 2022
The Select Committee Report into exempt accommodation, a type of supported housing outside of Housing Benefit Regulations, sets out how the system is failing many residents and local communities at the taxpayers’ expense. The Report calls on the Government to bring forward urgent reforms including:
- compulsory national minimum standards for exempt accommodation, including on referrals, care & support, and quality of housing
- to give local councils the powers and resources to enforce these standards
- requiring all exempt accommodation providers to be registered
- creation of a National Oversight Committee to join-up existing regulators addressing the current ‘patchwork regulation’
- ensuring that providers of exempt accommodation for survivors of domestic abuse have recognised expertise to provide specialist support and a safe environment
- reviewing arrangements for exempt housing benefit claims, clamping down on the exploitation of the lease-based exempt accommodation model for profit
LGA, ARCH, NFA Rent and Income Analysis – Savills Affordable Housing Consultancy – October 2022
This research set out to estimate the cumulative loss of resources within Housing Revenue Accounts of the proposal to cap rent increases to 5% per year in 2023/24 and 2024/25. The research found that a 5 per cent rent cap would cost £1.16 billion in the next two years, rising to more than £3 billion within five years. In addition, as the rent cap changes the baseline for future rent increases, the longer-term financial hit is likely to be as high as £45 million over the next four decades. Further information about this report is available on the LGA website – link