Decision

Decision Instrument RSH7: Decision to issue consumer standards and associated code of practice

Updated 8 May 2024

Applies to England

Introduction

A - Pursuant to the Housing and Regeneration Act 2008 as amended (‘the Act’), the regulation of social housing in England is the responsibility of the Regulator of Social Housing (the regulator).^{[footnote 1]}  The regulator is an executive non-departmental public body, sponsored by the Department for Levelling Up, Housing and Communities.

B - The regulator has the power to set standards for registered providers of social housing (‘registered providers’) relating to consumer matters in respect of the nature, extent, safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing as further set out in section 193 of the Act (‘standards relating to consumer matters’) and the provision of information to their tenants and to the regulator as set out in section 194C of the Act (‘standards relating to information and transparency’).  These standards are collectively referred to as the ‘consumer standards’ throughout this Decision Instrument.

C - The regulator has set the following existing consumer standards:  

• Home Standard 
• Tenant Involvement and Empowerment Standard 
• Neighbourhood and Community Standard 
• Tenancy Standard 
• Tenant Satisfaction Measures Standard

D - The regulator has proposed that the existing standards are replaced by the following revised consumer standards which set out the specific expectations and outcomes registered providers will be expected to achieve from April 2024:

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

E - The revised consumer standards include areas where the regulator is directed by government.  The regulator was issued with directions which applied from 1 April 2012 on tenant involvement, mutual exchange, tenure and quality of accommodation. Revised directions were issued in respect of tenant involvement and mutual exchange in June 2023. A further direction in relation to the ‘Provision of Information to Tenants’ was issued by the government in January 2024.

F - The regulator has the power to issue a code of practice which relates to matters addressed by the consumer standards and amplifies the consumer standards.  The regulator has developed the Code of Practice to help tenants and registered providers in understanding how compliance with consumer standards might be achieved.

G - The regulator conducted a consultation on proposals for it to:

• Withdraw the existing consumer standards  and set the revised consumer standards.
• Issue the Code of Practice.

H - Where a government direction has previously been consulted on by the regulator, further consultation was not invited (tenure and quality of accommodation). Where a revised government direction had been issued to the regulator ahead of the regulator’s consultation (tenant involvement and mutual exchange), consultation was not invited in relation to the substantive content of the direction but, rather, whether the standards accurately reflect the content of the government’s direction as drafted. No consultation has taken place where the direction disapplied the statutory requirement to consult (provision of information to tenants).

I - The purpose of this document is to set out the decision of the regulator which was made following the conclusion of that consultation and takes account of the consultation outcomes.

Decision

Date decision made:	22/02/24
Decision made by:	The Deputy Chief Executive

1	The Deputy Chief Executive notes the following:  i) That section 193 of the Act empowers the regulator to set standards for registered providers as to the nature, extent, safety, energy efficiency and quality of accommodation, facilities or services provided by them in connection with social housing. ii) That section 194C of the Act empowers the regulator to set standards relating to information and transparency.  iii) That section 195 of the Act empowers the regulator to issue a code of practice in relation to matter relating to the consumer standards. iv) That the regulator has conducted a public consultation and, in line with the requirements of section 196 of the Act, has taken into account the views of all statutory consultees and stakeholders.
2	On behalf of the regulator in the exercise of the delegated authority approved by the Board on the 16 January 2024, following consideration of the outcomes of the consultation, the Deputy Chief Executive has determined to:  i) Set revised consumer standards for all registered providers as set out in Schedule 1. The revised consumer standards shall supersede the existing consumer standards. ii) Set the  Code of Practice as set out in Schedule 2.  With each such document coming into force from and including the date set out in paragraph 3 below.
3	The documents listed at i) and ii) of paragraph 2 shall each come into force on 1 April 2024.

Authentication

Name:	Jonathan Walters
Position:	Deputy Chief Executive – Regulator of Social Housing
Signature:

• Schedule 1 Annex 3: Consumer Standards
• Schedule 2 Annex 4: Consumer standards code of practice

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1. Regulation of social housing was, prior to 1 October 2018, the responsibility of the Regulation Committee of the Homes and Communities Agency, during which time Decision Instruments were published here. ↩