RSH consultation on consumer standards

A consultation has been launched and sets out the following proposals. The deadline to respond to the consultation was 17 October 2023. The code of practice is in addition to the standards and gives examples of what Registered Providers should be thinking about in order for them to meet the standards.

The changes are as a result of the objectives and powers set out in the Housing and Regeneration Act 2008 and the Social Housing White Paper which intended for landlords to be more and specifically accountable for:

• providing their tenants with good quality homes and services
• prioritising tenants’ safety
• treating tenants with respect
• being open and honest with tenants.

The Social Housing (Regulation) Act 2023 further put more emphasis on the safety and energy efficiency of social housing and the transparency of landlords.

The four new standards would be:

1. The safety and quality standard
2. The transparency, influence and accountability standard
3. The neighbourhood and community standard
4. The tenancy standard

A summary of the standards and the code of practice

Safety and quality

This standard proposes five requirements:

1. Quality of homes – this includes RPs having accurate information on the condition of their homes which enables them to ensure the quality of them, in terms of being well maintained and safe. RPs will be expected to carry out physical assessments of their housing stock.
2. Decent homes – homes must meet the standards in section 5 of the Decent Homes Guidance and are maintained to at least this standard.
3. Health and safety – all RPs should take reasonable steps to ensure tenant safety in homes and communal areas and includes specific requirements about acting on results of health and safety checks in a reasonable time, as well considering safety in service delivery and design.
4. Repairs and maintenance, and planned improvements – the requirement is that these services are efficient, effective and timely and are expanded by RPs ensuring that it is easy for tenants to report issues, that tenants are kept up to date on progress and that everyone understands their responsibilities in relation to communal areas.
5. Adaptations – tenants requiring adaptations must receive assistance to access relevant services and RPs must communicate how they will use such services.

The draft code of practice contains provisions about:

• Stock quality – including whether homes are fee from serious hazards, meet the relevant legal standards, and are kept in good repair
• Decency – including RPs having a plan in pace to ensure compliance is maintained
• Health and safety- including that all health and safety requirements are adhered to, including secondary legislation, (asbestos, alarms, fire safety, gas, electrical etc,.), having effective means of identifying and eliminating and mitigating risks, and understanding what data is telling them
• Repairs, maintenance, and planned improvements – having effective policies and procedures which take into account tenants views and diverse needs and good communication around plans and delays
• Adaptations – assisting with the application and access to advice about adaptations and not withholding consent where a third party is carrying out an adaptation

Transparency, influence and accountability

This standard proposes seven requirements:

1. Fairness and respect – all tenants are to be treated with fairness and respect and it should be at the heart of service provision.
2. Diverse needs - action must be taken to ensure fair and equitable outcomes of housing and landlord services to all tenants; this includes allowing representatives and advocates to support tenants.
3. Engagement – tenants’ views must be taken into account when RPs are making decisions about service provision. The proposal recognises that some tenants may want direct involvement and others simply to be kept informed, and the consultation sets out the parts of this standard which the Regulator for Social Housing has been directed to include by the government.
4. Information about landlord services – RPs must communicate, in a clear and timely way, with tenants to allow them to understand what to expect from their landlord and to be able to hold them to account. This requirement means landlords need to tell tenants about things like:

• the services they provide and how tenants can access them
• the standard of safety and quality tenants can expect from their homes and communal areas
• progress, next steps, and results of services the landlord is providing rent and service charges
• where to find relevant policies, (which must be fair and reasonable and, where relevant, say how landlords make decisions and how to appeal those decisions)
• who in the organisation is responsible for making sure the landlord meets the consumer standards
  
  5. Performance information – RPs are to collect and provide information to tenants for scrutiny in relation to service delivery performance, including information about tenant satisfaction measures.
  
  6. Complaints – should be handled fairly, effectively and promptly, and handling should be simple and accessible.
  
  7. Self-referral – RPs must communicate in a timely way with the RSH on material issues around non-compliance. RPs must be transparent with the RSH and should let it know of any areas where they might not be meeting the standards.

The draft code of practice contains provisions about:

• fairness and respect – including considering how services and communication can be changed to ensure individual tenants’ needs are met
• diverse needs – diversity should be integral to the organisation and regular EDI training should be given to staff and boards. RPs should have robust information about tenants which should be up to date. Regular reviews should be carried out to assess if tenants have fair access to services and make tenants aware of the various ways services are tailored, as well as enabling them to nominate representatives when required
• engagement with tenants – ensure all tenants have the opportunity to be involved at a level they choose, and assistance, such as venues, funding etc,. and ensuring that communication barriers are addressed and support is provided. Consultations are to be meaningful and early, covering material impact on tenants, and feedback must be genuinely taken into consideration in the decision-making process
• information about landlord services – tenants should be made aware of all services offered and how to contact their RP, as well as the roles and responsibilities of senior employees or other officers
• performance information – consideration of how and where Tenant Satisfaction Measures information is published, including other organisations within a group, information around certain tenant groups or property types, or geographical areas
• complaints – should be easy to make and should be listened to, and RPs are to provide regular updates as well as consider relevant requirements of other bodies, such as the Housing Ombudsman and its complain handling code
• self-referral – where an RP is not sure whether to refer they should contact the RSH to discuss.

Neighbourhood and community

This standard proposes four requirements

1. Maintenance of shared spaces – RPs should work with tenants and other parties or organisations in relation to contributing to upkeep and safety of such spaces.
2. Local co-operation – RPs must co-operate with partners around matters of social, environmental and economic well-being and communicate this to tenants.
3. Safer neighbourhoods – RPs must work in partnership with various organisations, local authorities, the police etc,. to deter and tackle ASB, as well as support tenants affected by Anti-Social Behaviour.
4. Domestic abuse – RPs must work with agencies tackling this and enable tenants to access support and advice. RPs must have a policy for tackling domestic abuse and related issues.

The draft code of practice contains provisions about:

• maintenance of shared spaces – ensuring liaison where spaces are shared but are not the responsibility of the RP
• local co-operation – including taking account of overall strategic objectives, the views of tenants and presence in an area
• safer neighbourhoods – the use of joint initiatives, ensuring effective policies are in place and that tenants are aware of them and keeping tenants informed as to progress of any cases which are ongoing. The RSH expects a victim-centred approach to be taken and to consider how to support vulnerable ASB perpetrators to retain their tenancy
• domestic abuse – making sure tenants are aware of the support which is available and consider the skills (including additional training) of their staff to deal with domestic abuse, including handling sensitive information

Tenancy standard

This standard has four requirements:

1. Allocations and lettings – RPs must allocate properties in a fair and transparent way, taking into account the needs of tenants. This includes provision for adapted and purpose-built homes and working with local authorities to meet social housing needs, as well as making sure that homes are not empty for too long.
2. Tenure – tenancy terms must meet the purpose of the property, tenant needs, and community sustainability as well as efficiency requirements; an RP must consider whether the proposed tenancy meets legal requirements and is right for the tenant and the property.
3. Tenancy sustainment and evictions - tenants must be supported to maintain licences or tenancies and, once they end, RPs must offer affected tenants advice and assistance.
4. Mutual exchange – RPs must support relevant tenants living in eligible housing to mutually exchange their homes including explaining what it means in terms of rent, services and tenure. This requirement is included as part of the government directive.

The draft code of practice contains provisions about:

• allocations and lettings – support may be direct or may be signposting, and can vary from advice on money to energy or helping vulnerable tenants be more independent. Any advice must be timely and must take into account the RP’s role in preventing homelessness and helping tenants to maintain tenancies
• tenure – licences must be used appropriately. RPs should help tenants understand both their own responsibilities and those of their landlord in relation to their tenancy and demonstrate how they have taken into account specific needs. RPs should only grant tenancies for a minimum fixed term of less than five years in exceptional circumstances and should not adopt a blanket approach to granting such tenancies and, if granting tenancies of less than five years, should have a policy which sets out the circumstances in which they will do so
• mutual exchange – including helping tenants register with an online exchange service.

The consultation – what the RSH wants to know

Overall , the RSH wants to know if the standards cover the correct areas, set the right expectations of RPs and are easy for both RPs and tenants to understand. The specific questions also address whether those responding agree that certain standards accurately reflect the government’s directions to the RSH.

The standards are set to be introduced on 1 April 2024.

Actions

RPs should take this opportunity to review policies and procedures in relation to the areas covered by the proposed standards, including matters such as ASB, domestic abuse, information collection and sharing of that information, tenant involvement, EDI, repairs and maintenance, and health and safety. They should also consider whether, as a result of the standards, staff and boards have, or will have, any additional training needs. Boards may also want to review decision making policies and procedures, especially around tenant involvement.