Part 2Regulation of Social Housing
Chapter 6Regulatory powers
Standards
193Provision of social housing
1
The regulator may set standards for registered providers as to the nature, extent and quality of accommodation, facilities or services provided by them in connection with social housing.
2
Standards under subsection (1) may, in particular, require registered providers to comply with specified rules about—
a
criteria for allocating accommodation,
b
terms of tenancies,
c
levels of rent (and the rules may, in particular, include provision for minimum or maximum levels of rent or levels of increase or decrease of rent),
d
maintenance,
e
procedures for addressing complaints by tenants against landlords,
f
methods for consulting and informing tenants,
g
methods of enabling tenants to influence or control the management of their accommodation and environment,
h
policies and procedures required by section 218A of the Housing Act 1996 (c. 52) in connection with anti-social behaviour,
i
landlords' contribution to the environmental, social and economic well-being of the areas in which their property is situated, and
j
estate management.
3
In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
194Management
1
The regulator may set standards for registered providers in matters relating to the management of their financial and other affairs.
2
In respect of profit-making registered providers, standards may be made in relation to the management of their affairs only so far as relating to the provision of social housing.
3
In setting standards the regulator shall have regard to the desirability of registered providers being free to choose how to provide services and conduct business.
195Code of practice
1
The regulator may issue a code of practice which—
a
relates to a matter addressed by a standard, and
b
amplifies the standard.
2
In considering whether standards have been met the regulator may have regard to a code of practice.
3
The regulator may revise or withdraw a code of practice.
4
The regulator shall make arrangements for bringing a code of practice to the attention of registered providers.
196Consultation
1
Before setting standards, or issuing, revising or withdrawing a code of practice, the regulator shall consult the following or ensure that they have been consulted—
a
one or more bodies appearing to it to represent the interests of registered providers,
b
one or more bodies appearing to it to represent the interests of secured creditors of registered providers,
c
one or more bodies appearing to it to represent the interests of tenants of social housing,
d
the Audit Commission for Local Authorities and the National Health Service in England,
e
one or more bodies appearing to it to represent the interests of local housing authorities,
f
the HCA, and
g
the Secretary of State.
2
Before setting a standard which would apply to charities, or issuing, revising or withdrawing a code of practice which applies or would apply to charities, the regulator must consult the Charity Commission.
197Direction by Secretary of State
1
The Secretary of State may direct the regulator—
a
to set a standard under section 193,
b
about the content of standards under section 193, or
c
to have regard to specified objectives when setting standards under section 193 or 194.
2
The Secretary of State may give a direction under subsection (1)(a) or (b) only if it relates, in the Secretary of State’s opinion, to—
a
quality of accommodation,
b
rent, or
c
involvement by tenants in the management by registered providers of accommodation.
3
In deciding whether to give a direction the Secretary of State shall, in particular, have regard to the regulator’s fundamental objectives.
4
Before giving a direction the Secretary of State must consult—
a
the regulator,
b
the HCA,
c
the Audit Commission for Local Authorities and the National Health Service in England,
d
one or more bodies appearing to the Secretary of State to represent the interests of local housing authorities,
e
one or more bodies appearing to the Secretary of State to represent the interests of tenants of social housing, and
f
one or more bodies appearing to the Secretary of State to represent the interests of registered providers.
5
Before giving a direction about a standard which would apply to charities the Secretary of State must consult the Charity Commission.
6
A direction may disapply the requirement to consult under section 196 in relation to specified matters.
7
The regulator shall comply with any direction.
8
The Secretary of State shall publish—
a
each proposed direction that is the subject of a consultation,
b
each response to a consultation, and
c
each direction.
198Supplemental
1
Failure to meet a standard is a ground for exercising a power in this Chapter or Chapter 7.
2
The regulator shall make arrangements for bringing standards to the attention of registered providers.
3
The regulator may revise or withdraw standards; and section 196 applies to revising or withdrawing standards as to setting standards.
4
Standards may be expressed by reference to documents prepared by others.
5
Standards—
a
may make provision generally or only in relation to specified cases, circumstances or areas, and
b
may make different provision for different cases, circumstances or areas.