Implementing the Social Housing Regulation Act 2023 – obligation to provide information to your tenants
23/01/24
RPs will be all too familiar with the number of incidents regarding safety and quality in the social housing sector that included the tragic death of Awaab Ishak. The culmination of these incidents led the government to the introduction of the Social Housing Regulation Act 2023 (the Act) which included a number of specific measures aimed at improving the safety and quality of social housing and generally improving the lives and voice of tenants who live in social housing.
A new consumer standard
One specific measure included in the Act is an obligation on government to issue a direction to the Regulator of Social Housing (RSH) to compel it to issue a new consumer standard on provision of information to tenants.
The government ran a consultation exercise in late 2023 on a proposed form of direction. Following consideration of the consultation responses, the government has now issued its response to the consultation and, importantly, published its direction to the RSH regarding the provision of information to tenants.
This direction requires the RSH to set a consumer standard on the provision of information to tenants. Specifically, the direction states that the new consumer standard must require Registered Providers (RPs) to provide accessible information to their tenants on:
- their rights as tenants (including under their tenancy and under general law)
- how they can complain about their landlord
- relevant regulatory requirements that their landlord must comply with.
The RSH is also already consulting on changes to the existing consumer standards, with the intention that the revised standards and this new standard will start to apply from April 2024.
Tenants scrutinising landlords
This new standard follows the introduction of the tenant satisfaction measures standard last year. The introduction of a standard on provision of information to tenants will sit alongside the publication of the first year of tenant satisfaction data and the enhanced role of the Housing Ombudsman. The underlying theme of all of these changes is ensuring that tenants have the information and tools they need hold their landlords accountable.
RPs should be aware that a core part of the RSH’s “co-regulatory” approach is an obligation on RPs to make sure that their tenants can effectively scrutinise their landlord. The government has recognised that unfortunately too many RPs fail to provide their tenants with appropriate services or the information the tenants need to challenge those services.
RPs must now be considering the information that they provide to tenants and the structure of their services, particularly their complaints handling processes, so that their tenants are empowered to ensure they live in a home which is safe and of an appropriate standard.
How Capsticks can help
Capsticks can assist with reviewing structures and policies that your RP has in place to ensure compliance with these new legal requirements, or to advise on the broader changing landscape of consumer regulation and how you can prepare for it.
If you have any queries around what's discussed in this article, and the impact on your RP, please speak to Darren Hooker to find out more about how Capsticks can help.