Transparency data

RSH Board minutes - 16 April 2024 (accessible version)

Updated 21 June 2024

Applies to England

Public minutes of the Board meeting

on Tuesday 16 April 2024

PG49, 2 Marsham Street

10 Remote and virtual participation

10.1 Any member may validly participate in a meeting virtually through the medium of conference telephone, video conferencing or similar form of communication equipment, provided that all persons participating in the meeting are able to hear and speak to each other throughout such meeting, or relevant part thereof. A Board member so participating shall be deemed to be present in person at the meeting and shall accordingly be counted in a quorum and entitled to vote.

10.2 A meeting shall be deemed to take place where the largest group of those Board members participating is assembled or, if there is no group which is larger than any other group, where the chair of the meeting is.

Present

• Bernadette Conroy - Chair
• Deborah Gregory
• Richard Hughes
• Geoff Smyth
• Kalpesh Brahmbhatt
• Sukhvinder Kaur-Stubbs
• Fiona MacGregor - Chief Executive

In attendance

• Jonathan Walters - Deputy Chief Executive
• Kate Dodsworth - Chief of Regulatory Engagement
• Will Perry - Director, Strategy
• Richard Peden - Director of Finance and Corporate Services
• Emma Tarran - Assistant Director, Head of Legal & Company Secretary
• Karen Doran - Director of Regulatory Engagement (PRPs)
• Angela Holden - Director of Regulatory Engagement (LARPs)
• Jim Bennett - Assistant Director, Policy, Strategy and Impact
• Rob Holroyd - Assistant Director, Investigation and Enforcement (Finance)
• Andrea Scaife - Senior Investigation and Enforcement Adviser
• Sam Collenette - Head of DPIAC - workshop - via MS Teams
• Humaira Shahzad - DPIAC - workshop - via MS Teams

Minutes

• Simon Turner - Senior Solicitor

1. Welcome and apologies

01/04/24 There were apologies from board members Jo Boaden and Liz Butler, and the Senior Assistant Director of I&E, Harold Brown.

2. Declarations of Interest

02/04/24 There were no new declarations of interest.

3. Minutes of meeting 19 March 2024

03/04/24 The confidential and public minutes from 19 March 2024 were considered and subject to minor amendments, these were agreed.

4. Matters arising

04/04/24 Noted.

5. Board forward planner

05/04/24 Members considered the forward planner.

06/04/24 Members noted that the Department of Levelling Up, Housing and Communities sponsor will attend the May Board meeting to observe the meeting. The Department sponsor will also attend the July Board meeting when she will address the Board regarding upcoming matters.

6. Chair’s update

07/04/24

• BC said she wanted to officially record the Board’s thanks to Paul Smee for his time spent as a board member, as a member and chair of the Nominations and Remuneration Committee, and his valuable contributions to the work of the regulator.
• BC observed that 1 April had passed smoothly, and emphasised how much had been achieved by the regulator over the last two years. BC said that the consistent message going forwards must be that the regulator is carrying out integrated regulation, rather than focussing on the new consumer regulation aspects.
• BC updated the Board regarding recruitment of new non-executive directors. BC reported that Board appraisals have been completed, and she thanked Board members for participating.

7. Chief Executive update

08/04/24 FM reported on the launch of the new regulatory approach that commenced on 1 April. The regulator published an updated “Regulating the Standards” and a new inspection plan in February. We have commenced our programme of integrated inspections. KD

09/04/24 DLUHC has announced that the existing social housing rent settlement will be rolled over for a further year until 31 March 2026. DLUHC will consult on the rent settlement from April 26 in due course.

11/04/24 We are receiving positive feedback from stakeholders about our new regulatory approach, but the pressures on the sector continue to be raised as a concern.

General updates

Building safety and third Fire Safety Remediation Survey

12/04/24 On 22 February, the regulator published the findings from the second Fire Safety Remediation Survey . Following further cleansing of the building level data, the department published provider level data on 21 March.

The third FRS opened on 25 March, closing on 22 April. The survey is now to be issued on a quarterly basis, in line with financial quarters.

The Minister announced in parliament the development of a new Regulatory Protocol for building safety enforcement. DLUHC have been working on this with the BSR, LABC and FRAs.

Renters Reform Bill

13/04/24 FM gave an overview of the Renters Reform Bill. We are in discussions with DLUHC to assess how the proposed changes may affect the landlords we regulate and potential implications for our regulatory standards and practices.

Shared Ownership Inquiry report

14/04/24 Board members noted that the findings of Levelling Up Housing & Communities Committee inquiry into SO, published on 28 March 2024, included a recommendation that the government ensures RSH updates its Tenant Satisfaction Measures to include satisfaction with repairs and maintenance for shared owners.

Competence and Conduct consultation

15/04/24 Board members noted that DLUHC’s consultation on a direction to the regulator on a Competence and Conduct standard, including compulsory qualifications for senior managers and executives involved in delivering housing management services, closed on 5 April.

Social Tenants Access to Information Requirements

16/04/24 Noted.

Policy Updates

17/04/24 Board members noted progress within DLUHC regarding Awaab’s Law and the Competence and Conduct requirements. Members noted that the consultation on the proposed requirements for Awaab’s Law closed 5 March 2024 and the responses are being analysed by the Department.

18/04/24 Board members noted the monthly DLUHC updates for February and March, including the Make Things Right campaign, the Four Million Homes Programme and the Resident Panel.

19/04/24 Board members noted further updates on the following:

• Updated published Fire Safety guidance requiring 18m plus residential buildings to have a second staircase - with a transition period until 30 September 2026.
• Homes England Public Body Review.
• Growth Duty Consultation Response.
• Housing Ombudsman Service Consultation on proposed approach to Good Practice
• Housing Ombudsman Service Consultation on 2024-25 Business Plan

8. Governance Update

20/04/24 ERT introduced this item.

The Board noted that:

At the meeting of the Board held on 20 February 2024, the Board approved and adopted the Form of the Board Scheme (to replace in its entirety the then current Board Scheme of Delegated Authority) and the Form of the Appeals Scheme (to replace in its entirety the then current Appeals Scheme) in each case:

a) with effect from and including 1 April 2024; and

b) provided that provisions of the following legislation that would require drafting changes to be made to the Form of the Board Scheme if they did not come into force on or before 1 April 2024 as expected (Relevant Provisions) came into force on or before that date:
i) the Social Housing (Regulation) Act 2023;
ii) the Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023; and
iii) the Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024.

The Relevant Provisions came into force on or before 1 April 2024. As a consequence, the Board’s above-mentioned approval and adoption of the Form of the Board Scheme and the Form of the Appeals Scheme took effect from and including that date.

The Board resolved that it reaffirmed that:

a) the Form of the Board Scheme is approved and adopted by the Board,and has been so approved and adopted with effect from and including1 April 2024, replacing in its entirety the Board Scheme of DelegatedAuthority that was in place immediately before that date; and

b) the Form of the Appeals Scheme is approved and adopted by theBoard, and has been so approved and adopted with effect from andincluding 1 April 2024, replacing in its entirety the Appeals Scheme thatwas in place immediately before that date.

9. Notification Directions

21/04/24 Board members noted the report on Notification Directions.

The Board resolved to:

a) Agree to ratify the decisions made at its January meeting:

i.The adoption of the policy proposals in relation RPs’ notification requirements as set out in January’s paper
ii.To delegate authority to any of the Chief Executive, Deputy Chief Executive and Chief of Regulatory Engagement to:
1. Approve the Directions and associated forms and guidance drafted to reflectthe approved policy proposals;
2. Approve the publication of the draft updated Directions and associated forms and guidance following the Commencement Order being issued by DLUHC, for the purpose of allowing RPs to prepare for the updated notification requirements which will take effect on the Notification Legislation coming into force; and
3. To issue the final updated Directions pursuant to section 169D of the Housing and Regeneration Act 2008 and the associated forms and guidance on or after the Notification Legislation coming into force.

b) Note the information and approach taken as set out in the paper.

10. Project London

22/04/24 The paper was discussed and actions agreed.

11. Any Other Business

23/04/24 There was no other business to discuss.

12. Review of meeting papers

24/04/24 Members were content with the quality of the papers and that they were received on time.

Date of next meeting: 21 May 2024