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Social Housing (Regulation) Bill [Lords] - Sitting 2

29 November 2022

Proposing MP
Gainsborough
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses a new clause that would require social housing managers to possess professional qualifications and meet specified requirements. The statement discusses the Social Housing (Regulation) Bill, focusing on clause 21 which enables the Secretary of State to direct the regulator to set standards for social housing staff competence and conduct. The statement addresses the need for regulatory standards in the social housing sector to ensure competent and qualified staff. The speaker addresses the need for mandatory qualifications and professional standards for social housing managers to improve tenant welfare. Edward Leigh proposes a new clause requiring registered providers of social housing to be designated as public authorities under the Freedom of Information Act within six months of Royal Assent. The statement addresses the proposal to include housing associations within the scope of the Freedom of Information Act, allowing public access to information held by these organisations. Edward Leigh discusses concerns about a clause in the Social Housing (Regulation) Bill regarding tenant satisfaction measures and proposes amendments to ensure standardisation of data collection methods. Edward Leigh is discussing Clause 28 of the Social Housing (Regulation) Bill, focusing on amendments related to surveys and equipment left during surveys in social housing premises. The statement discusses the Social Housing (Regulation) Bill's clause 29, which commits the regulator to regular inspections of registered providers. MP Edward Leigh is addressing the Social Housing (Regulation) Bill [Lords] and discussing Clause 31, which pertains to emergency remedial action. The debate concerns an amendment to ensure that emergency repairs must be carried out in social housing when certain health and safety conditions are met. The statement discusses amendments related to emergency remedial action in social housing and introduces a new clause regarding the regulator's duty to ensure continuity of secure tenancy for tenants facing personal safety threats. The statement discusses the Social Housing (Regulation) Bill and proposes an amendment to protect social housing tenants who are victims of threats of serious violence. The statement discusses a new clause aimed at imposing a duty of cooperation on registered social landlords to relocate tenants who are threatened with violence within their local area. The statement addresses concerns about the current system's inability to provide adequate emergency accommodation for victims of violence, highlighting Georgia’s case as an example. The statement discusses a probing amendment regarding the representation of tenants and local councillors on boards of registered providers, aiming to ensure better governance and decision-making in social housing. Matthew Pennycook proposes new clause 6 to amend section 193 of the Housing and Regeneration Act 2008, extending consumer standards for registered providers in several areas. The statement discusses amendments to the Regulator of Social Housing's powers and addresses issues such as major repairs, estate regeneration, service charges, homelessness prevention, and urgent tenancy transfers for domestic abuse victims. Edward Leigh thanks the Chair for expeditious proceedings and acknowledges his fellow Chair.

Action Requested

The MP proposes introducing regulations under the Housing and Regeneration Act 2008 to mandate that persons engaged in managing social housing must have appropriate professional qualifications or satisfy other specified requirements. This includes establishing a regulatory body, maintaining a register of qualified practitioners, and enforcing standards of conduct and performance.

Key Facts

  • The new clause would amend section 217 of the Housing and Regeneration Act 2008.
  • Regulations may specify activities and circumstances under which qualifications are required.
  • Requirements can include possession of a specified qualification or completion of training programmes.
  • Clause 21 enables the Secretary of State to direct the regulator to set standards for the competence and conduct of social housing staff.
  • Mandating qualifications could lead to £90 billion of debt being added to the public ledger if housing associations are reclassified to the public sector.
  • The professionalisation review findings will be published early next year.
  • The regulator can require providers to produce performance improvement plans.
  • Fines are unlimited if a provider does not comply with an enforcement notice.
  • Professional qualifications will be explored without risking reclassification.
  • Consultation will involve Grenfell United, Shelter, and the CIH.
  • Half of social renters are in the lowest income quintile compared with 22% of private renters and 12% of owners.
  • More than half of all households in social tenure have one or more members with a long-term illness or disability.
  • A minority of tenants face urgent moves due to serious youth violence, intimidation by criminal gangs, domestic abuse, and racial harassment.
  • There is concern that mandatory qualifications could reclassify housing associations as public bodies, potentially adding up to £90 billion in debt to the public ledger.
  • The new clause would designate registered providers as public authorities under the Freedom of Information Act within six months.
  • The Government is working on an access to information scheme for tenants of private registered providers, which mirrors the FOI Act's provisions.
  • Local authority providers are already subject to the Freedom of Information Act.
  • In 2011, the coalition government announced plans to consult on bringing housing associations within FOI scope but took no further action.
  • The Grenfell Tower fire highlighted difficulties in accessing information from social housing providers not covered by FOI.
  • A Scottish Information Commissioner's report found that 57% of social landlords reported a small impact on staff workload due to FOI implementation.
  • Edward Leigh discusses Clause 27 of the Social Housing (Regulation) Bill.
  • The clause concerns tenant satisfaction measures and performance monitoring.
  • The MP highlights potential limitations in the TSM scheme due to variations in data collection methods across different organisations.
  • Amendment 16 seeks to ensure all RPs must be inspected within four years of Act commencement.
  • It requires each RP to undergo routine inspections at intervals not exceeding four years thereafter.
  • The amendment allows the regulator flexibility in determining precise inspection frequencies based on landlord size and risk profile.
  • Clause 29 commits the regulator to publishing and implementing an inspection plan.
  • The clause ensures the regulator maintains a risk-based approach for oversight.
  • Landlords with over 1,000 homes will be inspected every four years.
  • Amendment 17 proposes changing 'may' to 'must' in clause 31.
  • The amendment ensures that emergency remedial action will be mandatory when specific conditions are met.
  • Clause 31 amends section 225 of the Housing and Regeneration Act 2008.
  • The amendment proposes replacing 'may' with 'must' for emergency remedial action.
  • Premises must meet stringent conditions before emergency repairs can be considered.
  • Amendments made to adjust powers regarding leaving equipment or materials during emergency remedial action.
  • New Clause 1 introduced, requiring the regulator to ensure continuity of secure tenancy for tenants threatened by personal safety issues.
  • The new clause mandates that registered providers grant equivalent terms and conditions in alternative accommodation if a threat to personal safety exists.
  • Georgia, an NHS worker, was forced to leave her home after her son was threatened by gang members.
  • In one London borough, 47 housing association tenants have required homelessness assistance from the council as a result of threats of violence since 2019.
  • The new clause aims to prevent victims of threats of serious violence from losing their secure social tenancy and being placed in temporary accommodation.
  • The new clause aims to prevent tenants from losing their security of tenure if they need to relocate due to threats of violence.
  • Local authorities are required to give victims of domestic abuse secure lifetime tenancies when rehousing them.
  • Most private registered providers let between 50% and 100% of their tenancies via nominations from local authorities.
  • The local authority's duty to provide emergency accommodation is not functioning effectively for cases like Georgia’s.
  • Georgia faced an indefinite period in temporary accommodation despite facing threats.
  • New Clause 4 aims to require managers of social housing to have appropriate qualifications and expertise.
  • New clause 5 seeks to probe whether the right balance is struck in representing tenants and councillors on boards of registered providers.
  • The Regulator of Social Housing sets standards for tenant engagement outcomes that landlords must achieve.
  • A residents’ opportunities and empowerment programme provides training to improve resident engagement with landlords.
  • New clause 6 amends section 193 of the Housing and Regeneration Act 2008.
  • The amendment includes major repair or improvement works, estate regeneration, service charges, homelessness prevention advice, and urgent moves for tenants at risk.
  • Issues like domestic abuse and serious violence are considered important by social tenants.
  • The regulator's current homes standard requires registered providers to provide a repairs and maintenance service meeting tenants' needs.
  • The Government will cap social housing rent increases at a maximum of 7% in 2023-24.
  • £2 billion is being invested over three years to address homelessness and rough sleeping.
  • £316 million has been provided for the homelessness prevention grant this year.
  • Schedule 5 of the Bill amends the regulator’s standard-setting powers to include policies and procedures in connection with domestic abuse.
  • Edward Leigh thanked the Chair for being expeditious.
  • He acknowledged his fellow Chair, mentioning they are from a Scottish nationalist background.
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