
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
We review the main lessons to learn and actions to take when things go wrong. The case studies provide valuable insight into the contributory factors leading to compliance failures and present RP’s with the opportunity to consider whether their own processes leave them open to similar risks.
The review can be found here. The 19-20 year was notable both in the highest ever number of regulatory notices but also the fact 7 were served against local authorities. It also saw the first breach of the Tenant Involvement and Engagement standard (TIE standard) despite 30% of all reports arising from that TIE standard. The importance of tenant engagement will also become increasingly important as one of the key requirements of the Building Safety Bill.
The key points made and themes arising are as follows:
Responding to concerns
Transparency and self-reporting
Yet again there is a strong message that transparency with the RSH is essential. A failure to be transparent “will be taken into account” by the RSH in determining its regulatory response. Self-reporting as soon as an issue is identified by a provider is essential. The RSH is clearly not impressed when it has to respond to third party complaints.
White Paper changes?
There is a nod towards the possible changes in the Housing White Paper which may impact the threshold for serious detriment or allow a level of proactivity in monitoring the consumer standards in the future. The RSH encourages RP’s to anticipate these changes by taking steps now “to improve areas of their service where they need to or their engagement with tenants”.
Covid-19 impact?
This report’s case studies all pre-date Covid-19. In relation to statutory safety checks, the RSH has obviously taken a flexible and pragmatic view about the challenges faced in the national lockdown. It is possible that there be less sympathy going into a second wave on the basis providers should have learned some lessons about how to adapt. RP’s should consider whether they can anticipate the compliance issues that will be most problematic in the event of local or national restrictions and where possible take action to address them now.
It will be interesting whether serious detriment will be found where checks have been delayed following a balanced decision about the overall risk. RP’s must ensure that all such decisions are carefully documented in the event of later challenges.
For more information or advice contact Helen Tucker or Tim Coolican, partners in our Housing Management and Regulatory teams respectively.
A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
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