In response to the coming into force of these “asset freedoms”, the HCA has issued a consultation on an amendment to the Tenant Involvement and Empowerment Standard (TIE Standard).  The consultation can be viewed here.

If amended as proposed, the revised TIE Standard will require Registered Providers (RPs) to do more to consult with tenants when proposing a change in landlord (e.g. transferring a tenanted property) or a change to its management arrangements.

Current requirements

Currently, the TIE Standard imposes minimal requirements on housing associations to consult with tenants if they are proposing to change their landlord or make a significant change to tenants’ management arrangements. The TIE Standard merely requires housing associations to set out clearly the costs and benefits of relevant options when proposing changes.

The proposed amendments

The HCA proposes strengthening the consultation requirements which would require RPs to do as follows:

  1. Consult with tenants in a fair, timely, appropriate and effective manner;
  2. Set out the proposals clearly and in an appropriate amount of detail and set out any actual or potential advantages or disadvantages (including costs) to tenants over the short, medium and long term; and
  3. Demonstrate to affected tenants how they have taken the outcome of the consultation into account when reaching a decision.

What the HCA is trying to achieve

The imminent asset freedoms, which are not limited to void stock, could lead to change in how social housing is delivered in the future and the HCA has already expressed that it will be most interested in transfers of tenanted stock outside of the sector.

Jim Bennett, Assistant Director for regulatory strategy at the HCA suggests that the proposed changes are designed to:

  • Ensure that consultations are of sufficient quality;
  • Ensure that Housing Associations are completely up front about possible implications of their disposal plans; and
  • To ensure that Housing Associations are using the additional freedoms provided to them from 6 April 2017 responsibly and in accordance with regulatory standards.

Housing associations, which are registered charities, should also ensure they familiarise themselves with the requirements of the Charities Act 2011 when making disposals or charging properties.

Other changes

The HCA has also published a decision statement, following consultation, on its registration criteria. These criteria will apply to both new housing associations and housing associations that have converted or amalgamated.


The consultation on the TIE Standard ends on 22 March 2017. Responses should be sent online here. 

For more information

For more information please contact Helen Tucker or Gemma Bell.

See the details of our recent housing roundtable discussion on de-regulation for more detail about what "asset freedoms" might mean in practice.

You can also find out more about how we support the housing sector with legal advice here.

The spread of necrotising fasciitis
The spread of necrotising fasciitis

Necrotising Fasciitis, more commonly known as the ‘flesh-eating disease’, is a significant medical condition that requires urgent treatment.

Richard Handley Inquest
Richard Handley Inquest

Many of us who have been following the unfolding Inquest, are not surprised that the Coroner found gross and significant failures on the part of those caring for him.

Recovery of fire safety costs from leaseholders
Recovery of fire safety costs from leaseholders

In all the action to remove defective cladding, leaseholders have been the elephant in the room. Whilst social landlords might have adopted a wait and see approach private landlords do not have that luxury.

Transforming Business
Transforming Business

We welcome the Labour Party’s commitment to doubling the size of the co-operative economy. We wholeheartedly support the ambition to grow this vitally important part of the economy.

Converting to a Charitable Incorporated Organisation
Converting to a Charitable Incorporated Organisation

It was first referred to in the Charities Act 2006 (which was subsequently replaced by the Charities Act 2011) but it has finally been announced that charitable companies are able to convert to a charitable incorporated organisation (“CIO”).

Impact of Homes (Fitness for Human Habitation) Bill
Impact of Homes (Fitness for Human Habitation) Bill

The Private Members Bill Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19 now has Government support and was debated at second reading on Friday 19 January 2018.