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Regulator of Social Housing sets out stall on consumer standards that all landlords will be regulated against from 1 April

The Regulator of Social Housing (RSH) has this week (29 February) issued the final consumer standards that all social landlords, including councils and housing associations, will be regulated against from 1 April 2024.

The RSH said that under the new standards, which follow the Social Housing (Regulation) Act 2023, landlords will need to:

  • ensure tenants are safe in their homes
  • listen to tenants’ complaints and respond promptly to put things right
  • be accountable to tenants and treat them with fairness and respect
  • know more about the condition of every home and the needs of the people who live in them
  • collect and use data effectively across a range of areas, including repairs

RSH has also revealed how it will hold landlords to account by:

  • inspecting larger landlords regularly to check they are meeting the outcomes in the standards
  • scrutinising data about tenant satisfaction, repairs and other relevant issues
  • continuing to push landlords to protect tenants and put things right when there are problems
  • using a range of tools when needed, including new enforcement powers
  • continuing to focus on the financial viability and governance of housing associations as part of its integrated regulation

The inspection programme will start from April and run in four-year cycles.

The Regulator has published a pack of information for the social housing sector. This includes:

Fiona MacGregor, Chief Executive of RSH, said: “Social landlords must keep tenants safe in their homes, listen to what they say and put things right when needed. We are introducing new standards to drive improvements in social housing, and we will actively inspect landlords to check they are meeting them.

“We have spoken to thousands of tenants and other stakeholders who have helped shape our new approach, and we are extremely grateful for their input and involvement. It is vital that landlords make sure they are ready.”

Commenting on the publication of the new Consumer Standards, Gemma Bell, partner at law firm Devonshires, said: “Publication of the new Consumer Standards finally provides the clarity that the sector has needed, following the most significant change to the regulation of social housing in over a decade.

“There is now a significant change to the expectations placed on registered providers of social housing, the rights of tenants and the role of the Regulator of Social Housing (the RSH). All involved will need to move quickly to ensure they are compliant by 1 April to avoid falling foul.”

Key changes identified by Bell include:

  • The removal of the current “serious detriment” test, which requires a relatively high bar to be achieved before the RSH can take action in relation to a breach of the Consumer Standards. "Instead, the RSH will be required to proactively regulate compliance with the Consumer Standards, on a proportionate co-regulatory basis, with proactive inspections for local authorities and providers with 1,000 or more homes";
  • Proposed gradings linked to compliance with the Consumer Standards;
  • A new Code of Practice accompanying the Consumer Standards, "which amplifies the requirements of the Standards and gives examples of what compliance with their requirements could look like"; and
  • A clear focus shift away from properties to the rights of, and need to demonstrate respect for, tenants, and a greater emphasis on how providers are acting transparently and using data effectively to inform decision-making.

The RSH said it had consistently collaborated with tenants, landlords and other stakeholders in developing its stronger approach. More than 1,000 people took part in RSH’s standards consultation, with more than 50% of responses coming from tenants. The RSH said “an overwhelming majority of people” supported the proposals.
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