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Getting proactive consumer regulation right will provide a solid foundation for years to come

Fiona MacGregor sets out how England’s Regulator of Social Housing is responding to the white paper

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Picture: Getty
Picture: Getty
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@FionaMacRSH sets out how @RSHEngland is responding to the white paper #UKhousing

“If these changes do not make a meaningful difference for tenants across the country, then clearly our work will be in vain,” says @FionaMacRSH about @RSHEngland’s response to the white paper #UKhousing

“There is nothing to stop landlords working with tenants to improve the services and outcomes they deliver for tenants now. The white paper sets a clear direction of travel and we would encourage providers to follow that direction,” says @FionaMacRSH

The publication of the Social Housing White Paper in November last year was a watershed moment for social housing.

Perhaps the most striking thing is the consensus in the reaction to its publication. I have yet to meet anyone who disagrees that a change to the overall system of social housing was needed.

So while there is the odd quibble or concern about some details, this does seem to be a proposition that everyone in the sector can get behind.

“While we can all subscribe to the outcomes, making it happen across more than four million social homes provided by more than 1,500 landlords will never be a straightforward task”

With that remarkable degree of consensus, it does feel as though this is a golden opportunity to reset the relationship between landlords and tenants across the sector. It is significant that these changes will apply to all landlords, be that local authorities, housing associations or for-profit registered providers.

If the white paper meets its aims, then tenants should expect to be safe in their home, have repairs and other issues dealt with properly and to have clear routes of redress when things go wrong, and to be listened to and respected by their landlord.

While we can all subscribe to the outcomes, making it happen across more than four million social homes provided by more than1,500 landlords will never be a straightforward task.


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In an ideal world, the outcomes envisaged by the white paper would happen without any need for outside intervention, but the tragedy at Grenfell Tower has shown that there is sometimes the need for external scrutiny and accountability to make sure that the right things are happening.

However, the presence of regulators and ombudsmen does not remove or dilute the fact that the primary relationship is between landlords and tenants and ensuring that works effectively. This after all is the original definition of co-regulation: landlords and tenants working together with the regulator stepping in only when needed.

“If these changes do not make a meaningful difference for tenants across the country, then clearly our work will be in vain”

One of the most encouraging things that has happened in the sector since 2017 has been the way landlords and tenants have already begun working more closely to deliver better outcomes through initiatives, such as ‘Together with Tenants’, and with more local arrangements all designed to improve the services delivered to tenants.

Despite all the good work, feedback suggests that there is real variability in the quality of services delivered to tenants and the extent to which tenants are satisfied with their landlord. As a result, there remains a need for regulation to set clear expectations that landlords need to meet, to seek assurance that they are being delivered and having the powers to follow up where there is evidence that landlords have not met the standards set.

As we think about designing the new proactive consumer regulation system in conjunction with tenants, landlords and others, I have set us three clear tests that our new system must meet:

  • It must make a meaningful difference to tenants
  • It must be deliverable by landlords
  • We must be able to regulate it effectively

The first test is vital. If these changes do not make a meaningful difference for tenants across the country, then clearly our work will be in vain. If, on the other hand, the system is right, then a revised set of consumer standards will describe the outcomes that landlords should be delivering, and the quality of services delivered to tenants should be on a journey of continual improvement.

“There is nothing to stop landlords working with tenants to improve the services and outcomes they deliver for tenants now. The white paper sets a clear direction of travel and we would encourage providers to follow that direction”

However, we also know that simply asking landlords for the impossible will not actually help tenants. The outcomes set out in the standards must be things that landlords can deliver in a world of constrained resources, increasing demands and a backdrop of continued economic uncertainty post-coronavirus pandemic.

That is not to say that the standards should not stretch landlords or give those which are not delivering good services an excuse for their behaviour, but they must be achievable by well-governed and viable landlords.

Finally, we will want to design a system that builds on the best of the current regulatory approach to our economic standards. A system that is outcome-focused, co-regulatory, proportionate and risk-based stands the best chance of achieving the kind of change the white paper has called for.

Regulation has evolved since the days of the Audit Commission and the Tenants Services Authority, reflecting the changing and increasingly complex operating environment, and we want to ensure that we keep driving regulation forward and learning lessons wherever we can.

Perhaps one of the main concerns that I have heard about the white paper is the length of time that it took to arrive and the length of time it will take to implement the proposals. While I understand those concerns, I think it is so important that we get the changes right, that it is worth taking the necessary time so that they can be a solid foundation for the social housing sector for years to come.

But there is nothing to stop landlords working with tenants to improve the services and outcomes they deliver for tenants now. The white paper sets a clear direction of travel and we would encourage providers to follow that direction.

We intend to use the time we have while we wait for legislation to be enacted to engage with and listen to tenants and others across the sector to understand what they want from the new system. We’ve already started those conversations and we will gather pace during 2021 as we move to launch a consultation on the proposed tenant satisfaction measures that were trailed in the white paper.

This is already an area that has generated a lot of debate and we are keen to hear everyone’s views on the proposed set of measures and where they can be improved.

We will, of course, also need to keep a relentless focus on economic regulation. As our sector risk profile set out before Christmas, these are uncertain times for many organisations and boards need to stay focused on delivering their business plans through the uncertainty.

Although we are working hard to be ready to deliver the Social Housing White Paper’s agenda, we will not lose focus on ensuring that the private registered provider sector remains well governed and financially viable.

Fiona MacGregor, chief executive, Regulator of Social Housing