A new regulatory landscape is taking shape for housing associations

Awaab’s Law is one of the proposals under the Social Housing (Regulation) Act 2023, the earliest of which is due to take effect on 1 April 2024. The Act itself represents a significant change to the regulatory framework for housing associations and they will need to consider its practical, financial and cultural implications. 

What do we know about Awaab’s Law?

The consultation on Awaab’s Law has sparked widespread concern across the social housing sector. If implemented, it would mean that social landlords would be required to remove any ‘hazards’ that might be present in tenants’ homes, such as black mould. However, the 29 potential hazards go much wider than this and are based on the effect they could have on the health and safety of individual tenants concerned. These hazards could therefore be much wider than the category 1 level hazards that form part of the housing health and safety rating system because it would depend on their impact on the particular household in that home.  

If enacted, housing associations would have to keep detailed records about tenants’ health conditions and other personal information which could have a bearing on their susceptibility to the defined hazards. In due course, they could be required to demonstrate that they are acting on this information by taking steps to eliminate hazards for tenants whose health is likely to be adversely affected.

What are the other main areas of regulatory change?

Under the regulatory changes due to take effect on 1 April 2024, the Regulator of Social Housing (RSH) is being granted more powers of scrutiny and four revised consumer standards are being introduced as follows: 

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

The performance of social landlords will be measured against these new standards. A more rigorous inspection regime from the RSH will bring with it a culture of greater scrutiny and require housing associations to be more responsive to customer feedback. Robust performance improvement plans will be used by the RSH to help drive improved performance and possible sanctions for non-compliance include unlimited financial penalties and the compulsory transfer of services to a new corporate manager. 

A new statutory Complaints Handling Code, which is due to be published by the Housing Ombudsman (HO) and will also come into force on 1 April, will introduce further accountability. Housing associations will have to ensure that tenants’ complaints are handled consistently and that they will have greater involvement with the designing, and scrutiny of, services provided. 

How to prepare

To stay one step ahead of the changes, housing associations will have to demonstrate accountability and a proactive approach to tenant engagement. For example, a closer understanding of customers’ needs is vital, as well as access to high-quality customer feedback. Feedback from different customer groups should be used to help shape services, such as void standards and the prioritisation of repairs. Some groups may not welcome digital-first initiatives, whereas others may have physical or other disabilities that could disadvantage them in some way. Housing associations will be required to evidence to their boards, and potentially the RSH, that customers’ needs are being met and they have been given a meaningful opportunity to influence services. 

Whilst housing association properties already undergo regular inspections, research data suggests that in some cases, these have fallen behind. Where this is the case, they should aim to catch up by undertaking more physical inspections. They should also ensure HO compliance with the Safety and Quality Standard by maintaining detailed records of the condition of their housing stock and updating them at least every five years.

Key takeaways

With a new regulatory framework soon to take effect, and Awaab’s Law likely to be introduced shortly after that, there is no time to waste, and housing associations should be preparing now. Whilst resourcing issues are a constant pressure, housing associations can’t afford to put off making the cultural and practical changes necessary to ensure compliance. 

Here’s a list of actions and considerations to get you started: 

• Review the approach to customer engagement, is it enough? Are customers getting a meaningful opportunity to help shape services?
• Review customer record keeping. What is missing and what needs to change?
• Review complaints handling systems – do they demonstrate that the organisation is being responsive and welcomes feedback from which to learn? 
• Do you have access to the right quality and depth of informed customer views?

For more information

For more information, contact Peter Hubbard.

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