Library Archive
Progress Update – Social Housing Regulation Bill
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 is expected before the end of the current Parliamentary session.
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.
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.
CWAG Newsletter – March 2023
This Update includes the following
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.
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.
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.