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Part 2E+WRegulation of Social Housing

Modifications etc. (not altering text)

Chapter 6E+WRegulatory powers

StandardsE+W

193[F1Standards relating to consumer matters]E+W

(1)The regulator may set standards for registered providers as to the nature, extent [F2, safety, energy efficiency] and quality of accommodation, facilities or services provided by them in connection with social housing.

(2)Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

(a)criteria for allocating accommodation,

(b)terms of tenancies,

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)maintenance,

(e)procedures for addressing complaints by tenants against landlords,

(f)methods for consulting [F4tenants and providing them with information in connection with such consultation],

(g)methods of enabling tenants to influence or control the management of their accommodation and environment,

[F5(ga)methods of assisting tenants to exchange tenancies,]

(h)policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,

[F6(ha)policies and procedures in connection with behaviour which amounts to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),]

(i)landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and

(j)estate management.

F7(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 193 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 4(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F5S. 193(2)(ga) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(1), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I1S. 193 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

194[F8Standards relating to economic matters]E+W

(1)The regulator may set standards for [F9private registered providers] in matters relating to F10... their financial and other affairs.

[F11(1A)Standards under subsection (1) may, in particular, require private registered providers to comply with specified rules about—

(a)the management of their financial and other affairs, and

(b)their efficiency in carrying on their financial and other affairs.]

(2)In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.

[F12(2A)The regulator may set standards for registered providers requiring them to comply with specified rules about their levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent).]

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8S. 194 heading substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 5(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

Modifications etc. (not altering text)

C2S. 194(2A) modified (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 32, 36(5); S.I. 2016/394, reg. 4

Commencement Information

I2S. 194 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F14194AStandards relating to competence and conductE+W

(1)The regulator may set standards for registered providers in matters relating to the competence and conduct of individuals involved in the provision of services in connection with the management of social housing (“relevant individuals”).

(2)Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

(a)the knowledge, skills and experience to be required of relevant individuals, and

(b)the conduct to be expected of relevant individuals in their dealings with tenants.

(3)Standards under subsection (1) may require registered providers to secure that their senior housing executives and senior housing managers—

(a)have a specified qualification in housing management or type of qualification in housing management, or

(b)are working towards such a qualification or type of qualification.

(4)Standards under subsection (1) may require registered providers to take steps to secure that relevant managers of their services providers—

(a)have a specified qualification in housing management or type of qualification in housing management, or

(b)are working towards such a qualification or type of qualification.

(5)Each of the following is a “relevant manager” of a services provider—

(a)if the services provider is a relevant individual, that individual;

(b)a senior housing executive of the services provider;

(c)a senior housing manager of the services provider.

(6)A qualification or type of qualification specified for a senior housing executive may only be—

(a)a foundation degree, or

(b)a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 5.

(7)A qualification or type of qualification specified for a senior housing manager, or for an individual described in subsection (5)(a), may only be a qualification or type of qualification regulated by the Office of Qualifications and Examinations Regulation which is of a level not exceeding level 4.

(8)The references in subsections (6) and (7) to the level of a qualification are to the level assigned to a qualification by virtue of general conditions set and published by the Office of Qualifications and Examinations Regulation under section 134 of the Apprenticeships, Skills, Children and Learning Act 2009.

(9)Except as provided by subsections (3) to (8), standards under subsection (1) may not require registered providers to comply with rules about the qualifications to be required of relevant individuals.

(10)See also section 217A (which makes provision implying terms relating to qualifications into management services agreements).

Textual Amendments

194BMeaning of “services provider”, “senior housing executive” and “senior housing manager”E+W

(1)This section makes provision about the meaning of terms for the purposes of section 194A.

(2)“Services provider”, in relation to a registered provider, means a person who, in accordance with an agreement with the registered provider or another person, provides services in connection with the management of social housing provided by the registered provider or arranges for the provision of such services.

(3)For the purposes of subsection (2), an agreement does not include a contract of employment or a contract of apprenticeship.

(4)“Senior housing executive” of a registered provider means a relevant individual who—

(a)is an employee or officer of the registered provider,

(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

(c)is part of the registered provider’s senior management.

(5)“Senior housing executive” of a services provider in relation to a registered provider means a relevant individual who—

(a)is—

(i)an employee of the services provider,

(ii)an officer of the services provider, or

(iii)if the services provider is a partnership, a partner in the partnership,

(b)has responsibility (solely or jointly) for the day to day management of the provision of services in connection with the management of social housing provided by the registered provider, and

(c)is part of the services provider’s senior management.

(6)For the purposes of subsections (4) and (5), an individual is part of a registered provider’s or services provider’s senior management if the individual plays a significant role in—

(a)the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

(b)the management or organisation of the whole or a substantial part of such activities.

(7)“Senior housing manager” of a registered provider means a relevant individual who—

(a)is an employee of the registered provider, and

(b)is a senior housing and property manager for the registered provider.

(8)“Senior housing manager” of a services provider in relation to a registered provider means a relevant individual who—

(a)is an employee of the services provider,

(b)is a senior housing and property manager for the services provider, and

(c)is involved in the provision of services in connection with the management of social housing provided by the registered provider.

(9)For the purposes of subsections (7) and (8), whether an individual is a senior housing and property manager is to be determined by reference to the description of the occupation of senior housing and property management published by the Institute for Apprenticeships and Technical Education under section ZA10(5) of the Apprenticeships, Skills, Children and Learning Act 2009.

(10)In this section—

(11)The following Table gives the meaning of “officer” in relation to services providers for the purposes of this section—

Services providerMeaning of “officer”
Registered charity which is not a registered companyTrustee, secretary or treasurer
Registered society“Officer” within the meaning given by section 149 of the Co-operative and Community Benefit Societies Act 2014 (including a person co-opted to serve on the society’s committee)
Registered company“Officer” within the meaning given by section 1173 of the Companies Act 2006
Limited liability partnershipA member of the limited liability partnership.]

Textual Amendments

[F15194CStandards relating to information and transparencyE+W

(1)The regulator may set standards for registered providers in matters relating to the provision of information to their tenants of social housing and to the regulator, including standards requiring information to be published.

(2)Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—

(a)the provision of information to their tenants of social housing concerning the accommodation, facilities or services provided in connection with social housing, including information concerning—

(i)their tenants’ rights in connection with those things, and

(ii)how to make complaints against registered providers,

(b)monitoring their compliance with standards under this section and sections 193, 194 and 194A and informing the regulator if they have failed, or there is a risk they will fail, to meet any of those standards, and

(c)the publication of information about—

(i)the remuneration of their executives, and

(ii)their income, management costs and other expenditure.

(3)For the purposes of subsection (2)(c), an “executive”, in relation to a registered provider, means an individual who is both—

(a)an officer or employee of the registered provider, and

(b)responsible for the management of the provider.]

Textual Amendments

195Code of practiceE+W

(1)The regulator may issue a code of practice which—

(a)relates to a matter addressed by a standard F16..., and

(b)amplifies the standard.

(2)In considering whether standards F17... have been met the regulator may have regard to a code of practice.

(3)The regulator may revise or withdraw a code of practice.

(4)The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.

Textual Amendments

Commencement Information

I3S. 195 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

196ConsultationE+W

(1)Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—

(b)one or more bodies appearing to it to represent the interests of registered providers,

one or more bodies appearing to it to represent the interests of secured creditors of registered providers,

[F18(ba)any body for the time being nominated under section 278A,]

(c)one or more[F19other] bodies appearing to it to represent the interests of tenants of social housing,

F20(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)one or more bodies appearing to it to represent the interests of local housing authorities,

[F21(ea)the Greater London Authority,]

[F22(eb)any housing ombudsman,]

F23(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., and

(g)the Secretary of State.

[F24(1A)Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator must also consult the HCA.]

(2)Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.

[F25(3)Before setting a standard under section 194A which imposes a requirement described in subsection (4) of that section, the regulator must consult, or ensure that there has been consultation with, each body (if any) which is nominated by the Secretary of State for the purposes of this subsection.

(4)The Secretary of State may nominate a body for the purposes of subsection (3) only if the body appears to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).

(5)The Secretary of State must notify the regulator of any nomination (or withdrawal of any nomination) made for the purposes of subsection (3).]

Textual Amendments

F23S. 196(1)(f) (but not the word "and" at the end of that paragraph) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 42, Sch. 25 Pt. 26; S.I. 2012/628, art. 6(i)(j) (with arts. 9 11 14 15 17)

Commencement Information

I4S. 196 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

197Direction by Secretary of StateE+W

(1)The Secretary of State may direct the regulator—

(a)to set a standard under section 193 [F26or 194],

(b)about the content of standards under section 193 [F27or 194], or

(c)to have regard to specified objectives when setting standards under section 193 or 194.

(2)The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State's opinion, to—

(a)quality [F28, safety or energy efficiency] of accommodation,

[F29(aa)tenure,]

(b)rent, F30...

(c)involvement by tenants in the management by registered providers of accommodation [F31, or

(d)methods of assisting tenants to exchange tenancies.]

[F32(2A)The Secretary of State may direct the regulator—

(a)to set a standard under section 194A,

(b)to set a standard under section 194C which relates, in the Secretary of State’s opinion, to the matters in section 194C(2)(a),

(c)about the content of standards described in paragraph (a) or (b), or

(d)to have regard to specified objectives when setting those standards.]

(3)In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator's fundamental objectives.

(4)Before giving a direction the Secretary of State must consult—

[F33(za)the HCA,]

(a)the regulator,

[F34(aa)the Greater London Authority,]

[F35(ab)any housing ombudsman,]

F36(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,

[F38(da)any body for the time being nominated under section 278A,]

(e)one or more[F39other ] bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and

(f)one or more bodies appearing to the Secretary of State to represent the interests of registered providers.

(5)Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.

[F40(5A)Before giving a direction to set a standard under section 194A which imposes a requirement described in subsection (4) of that section, the Secretary of State must consult one or more bodies appearing to the Secretary of State to represent the interests of services providers in relation to registered providers (as defined in section 194B(2)).]

(6)A direction may disapply the requirement to consult under section 196 in relation to specified matters.

(7)The regulator shall comply with any direction.

(8)The Secretary of State shall publish—

(a)each proposed direction that is the subject of a consultation,

(b)each response to a consultation, and

(c)each direction.

Textual Amendments

F26Words in s. 197(1)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F27Words in s. 197(1)(b) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 17 para. 7; S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)

F29S. 197(2)(aa) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 152, 240(2); S.I. 2012/57, art. 4(1)(n) (with arts. 6, 7, 9-11)

F31S. 197(2)(d) and word inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 176(2), 240(2); S.I. 2012/57, art. 4(1)(s) (with arts. 6, 7, 9-11)

Commencement Information

I5S. 197 in force at 8.9.2008 by S.I. 2008/2358, art. 3(1) (with art. 3(3)(4))

198SupplementalE+W

F41(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The regulator shall make arrangements for bringing standards to the attention of registered providers.

(3)The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.

(4)Standards may be expressed by reference to documents prepared by others.

(5)Standards—

(a)may make provision generally or only in relation to specified cases, circumstances or areas, and

(b)may make different provision for different cases, circumstances or areas.

[F42(6)In setting standards the regulator must have regard to the desirability of registered providers being free to choose how to provide services and conduct business.]

Textual Amendments

Modifications etc. (not altering text)

C3S. 198(3) modified (16.3.2016 for specified purposes, 1.4.2016 in so far as not already in force) by Welfare Reform and Work Act 2016 (c. 7), ss. 32, 36(5); S.I. 2016/394, reg. 4

Commencement Information

I6S. 198(2)-(5) in force at 8.9.2008 by S.I. 2008/2358, art. 3(1)

[F43198AFailure to meet standard under section 193E+W

(1)Failure by a registered provider to meet a standard under section 193 (standards relating to consumers matters) is a ground for exercising a power in this Chapter or Chapter 7.

(2)But a power to which this subsection applies may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that—

(a)the failure has resulted in a serious detriment to the registered provider's tenants or potential tenants, or

(b)there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.

(3)Subsection (2) applies to the powers conferred by any of the following—

(a)section 199 (surveys);

(b)section 201 (inspections);

(c)section 206 (inquiries);

(d)section 220 (enforcement notices);

(e)section 227 (penalties);

(f)section 237 (compensation);

(g)section 247 (management tender);

(h)section 251 (appointment of manager).

(4)The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 193 is a ground for exercising a power in this Chapter.

(5)But a power in this Chapter may be exercised on that ground only if the regulator thinks there are reasonable grounds to suspect that, if the failure occurs—

(a)the failure will result in a serious detriment to the registered provider's tenants or potential tenants, or

(b)there will be a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the registered provider's tenants or potential tenants.

(6)In considering whether to exercise a power within subsection (1) or (4) on the ground mentioned in that subsection, the regulator must have regard to any information it has received from any of the following—

(a)the Commission for Local Administration in England;

(b)a housing ombudsman appointed in accordance with a scheme approved under Schedule 2 to the Housing Act 1996;

(c)any body appearing to the regulator to represent the interests of tenants of social housing in England;

(d)a county council in England, a district council, a London borough council, the Common Council of the City of London in its capacity as a local authority, the Council of the Isles of Scilly or a parish council;

(e)a member of any of the bodies listed in paragraph (d);

(f)the Greater London Authority;

(g)a Member of Parliament;

(h)a fire and rescue authority under the Fire and Rescue Services Act 2004;

(i)the Health and Safety Executive;

(j)the Secretary of State.

Textual Amendments

198BFailure to meet standard under section 194E+W

(1)Failure by a registered provider to meet a standard under section 194 (standards relating to economic matters) is a ground for exercising a power in this Chapter or Chapter 7 (if the power is otherwise exercisable in relation to a registered provider of that kind).

(2)The risk that, if no action is taken by a registered provider or the regulator, the registered provider will fail to meet a standard under section 194 is a ground for exercising a power in this Chapter.]

Textual Amendments