Social Housing (Regulation) Act 2023 is now law

On 20 July 2023, the Social Housing Regulation Bill became law. Sarah Barratt, partner in our real estate dispute resolution team, reflects on what this means for social housing providers.

Background

The preamble to the Act gives us an indication of what the Act deals with:

• Regulation of Social Housing
• Investigation of housing complaints
• The powers and duties of the Housing Ombudsman
• Hazards affecting social housing

This is quite the mixed bag but, at its core, the Act protects tenants and improves standards.  

What does this mean?

As a result of this new legislation, social housing providers can expect to see the following:

1. An advisory panel to the Regulator of Social Housing being appointed which consists of representatives from registered providers, creditors of registered providers, tenants, and local housing authorities.
2. Revised provisions in respect of payment of fees to the Regulator of Social Housing.
3. The requirement for Health and Safety leads to be appointed by social housing landlords. They must have the authority, time and resources to monitor compliance with health and safety requirements and assess the risk of failure to comply.
4. Standards being set regarding competence and conduct of those in management positions in social housing, which might involve minimum qualification requirements to be obtained, and also standards in regard to dealings with tenants.
5. Directions to be given by the Regulator of Social Housing in respect of information to be given to tenants concerning their rights and how they can complain.
6. The Regulator of Social Housing will have the power to enter premises (if necessary by having obtained a warrant from the Magistrates Court) to carry out surveys where it is suspected that the premises have not been properly maintained. If there is a serious risk of harm, then the Regulator can take emergency remedial action.
7. The Regulator of Social Housing can carry out inspections of social landlords and issue unlimited fines.
8. Best Practice Guidance to be published by the Housing Ombudsman.
9. Regulations can be made imposing a time limit for remedying prescribed hazards in premises.

The Regulator of Social Housing has already announced a consultation in respect of four draft consumer standards, which they anticipate will apply from April 2024. The proposed standards are:

• The Safety and Quality Standard
• The Transparency, Influence and Accountability Standard
• The Neighbourhood and Community Standard
• The Tenancy Standard

What’s next?

Further reforms are also in the pipeline which will see further changes, particularly in relation to property standards and professionalisation of the sector.

To discuss how this might affect you, or if you have any general real estate dispute resolution queries, please contact Sarah using 0191 211 7923 or [email protected].