Social Housing Speed Read: The Memorandum of Understanding Between the Regulator of Social Housing and the Housing Ombudsman
6th August, 2024
We recently considered the revised consumer standards introduced by the Regulator of Social Housing ("RSH") in April of this year as part of a new regulatory regime within the social housing sector.
To read our article on the revised consumer standards click here.
Under this new regulatory regime, which introduced an increase in regulatory powers, it is more vital than ever that the RSH and the Housing Ombudsman have an effective and efficient working relationship. For this purpose, an updated Memorandum of Understanding (“MoU”) was published and came into place on 10 July 2024.
This follow up article will consider the respective functions of the RSH and the Housing Ombudsman, as well as how these two bodies plan to continue working alongside one another, as set out in the MoU. Essentially, the MoU demonstrates a commitment from both and is a statutory document under the Social Housing (Regulation) Act 2023 (“the 2023 Act”).
The functions of the RSH
The RSH aims to “ensure a viable, efficient and well governed sector”. Using its statutory powers afforded to it under the Housing and Regeneration Act 2008( as amended), the RSH sets standards that Registered Providers (“RP”) of social housing are required to meet. In April 2024, following a 3 month consultation period, the RSH introduced the Revised Consumer Standards and the Code of Practice.
The RSH has a range of monitoring powers available to it, including but not limited to: inspections, engaging with tenants, carrying out reviews between inspections, and more formal investigations. Where landlords are not delivering against the Standards, the RSH can pursue enforcement action to ensure compliance, for example, it can issue performance improvement plans, impose penalties, and in more extreme cases, can require the RP to transfer land assets to it or another RP.
Whilst the RSH may engage with cases referred by tenants as part of its monitoring processes, the RSH will not get involved in mediation or resolving disputes between landlords and tenants – this role is reserved for the Housing Ombudsman.
The functions of the Housing Ombudsman
The Housing Ombudsman is responsible for making decisions regarding disputes between landlords and tenants. The 2023 Act afforded it the power to publish a Statutory Complaints Handling Code which took effect on 1 April 2024. As a result, the Housing Ombudsman plays a significant role within alongside the internal complaints procedures of RPs and will often be used as a form of alternative dispute resolution between landlords and tenants.
The Housing Ombudsman also has the power to look at the wider issues that come from complaints received and implement improvements to both how RPs provide services and how tenant’s live in their properties.
Working together
The two parties must take steps, where considered appropriate to do so, to co-operate with one another, whilst maintaining and respecting their independence.
The MoU sets out some of the ways in which the parties intend to do this, including but not limited to:
- Complimentary approach to collaboration that is also consistent with their independent roles.
- Communication from an early stage within any given issue.
- Signposting the relevant person or organisation to the other organisation where appropriate and explaining the reasons for this.
- Organising and holding regular meetings, focussing on matters that impact both parties.
- Promoting an understating of the other parties independent functions.
- Consistent communication regarding independent roles.
The RSH and the Housing Ombudsmen have also committed to information sharing in order to assist them in carrying out their respective functions, and also to help determine and navigate potential sector risks and developments.
The MoU will be reviewed annually by representatives from both Government bodies, as well as after any “significant change” in legislation, policy, or practice. It will be very interesting to see how it works in terms of a more coordinated approach and closer working relationship between them. We will ensure that we keep you up to date with any future developments.
If you have any questions about this update or if you require any advice on any other social housing matter, please get in touch with Robert Emson or another of our expert Social Housing lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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