Direction on the Regulatory Standards (Provision of Information) 2024
Updated 19 January 2024
The Secretary of State, in exercise of the powers conferred by section 197(2A)(b) and (c) of the Housing and Regeneration Act 2008, and as required by section 25 of the Social Housing (Regulation) Act 2023, gives the following Direction.
In accordance with section 197(3) of the Housing and Regeneration Act 2008, in deciding whether to give this Direction the Secretary of State has, in particular, had regard to the Regulator of Social Housing’s fundamental objectives.
Before giving this Direction the Secretary of State consulted the bodies required by section 197(4) and (5) of the Housing and Regeneration Act 2008.
Citation, application and interpretation
1. (1) These Directions may be cited as the Direction on the Regulatory Standards (Provision of Information) 2024.
(2) This Direction comes into force on the day after the day on which it is given.
(3) This Direction applies to the Regulator of Social Housing.
(4) In this Direction “tenant” means, in relation to a registered provider, a tenant or other occupier of social housing provided by the registered provider.
(5) Where an expression is used but not defined in this Direction, that expression has the same meaning as in Part 2 of the Housing and Regeneration Act 2008.
Direction relating to the provision of information about tenants’ rights and complaints
2. (1) The Regulator of Social Housing must set a standard that requires registered providers to provide accessible information to their tenants about—
(a) tenants’ rights in connection with the homes, facilities and landlord services they provide to tenants;
(b) how their tenants can make a complaint about them; and
(c) relevant regulatory requirements in connection with the homes, facilities and landlord services they provide to tenants.
(2) The standard referred to in sub-paragraph (1) must require registered providers to comply with the rules set out in paragraph 3.
3. (1) Registered providers must provide accessible information to their tenants about— (a) tenants’ rights in respect of registered providers’ legal obligations in connection with the homes, facilities and landlord services they provide to tenants;
(b) relevant regulatory requirements that registered providers must meet in connection with the homes, facilities and landlord services they provide to tenants;
(c) how tenants can make a complaint about their registered provider; and
(d) the registered provider’s complaints policy and complaints handling process.
(2) The information provided in accordance with sub-paragraph (1)(a) and (b) must include information about—
(a) the requirement to provide a home that meets the government’s Decent Homes Standard (as it has effect from time to time);
(b) the registered provider’s obligation to comply with health and safety legislation;
(c) the rights conferred on tenants by their tenancy agreements including rights implied by statute and/or common law, in particular—
(i) the right to a home that is fit for human habitation; and
(ii) the right to receive notice of a proposed visit to carry out repairs or maintenance or to view the condition and state of repair of the premises; and
(d) the rights of disabled tenants to reasonable adjustments.
Need for the regulator to consult
4. The requirement to consult under section 196 of the Housing and Regeneration Act 2008 is disapplied in relation to the matters mentioned by this Direction.
Signed by authority of the Secretary of State for Levelling Up, Housing and Communities
Name: Baroness Scott of Bybrook
Date: 19 January 2024