16 March 2010
Following extensive consultation, the Tenant Services Authority (TSA) has now published their final regulatory framework which will come into effect from 1 April 2010.
"We are the regulator for social housing in England. Our new powers come into effect for all social housing providers from 1 April 2010 when for the first time every social housing tenant in England will benefit from a common set of standards." - Peter Marsh, Chief Executive of the TSA
Along with our members, CIH has been closely involved in shaping the new regulatory framework. We are pleased that many of our recommendations and comments have been taken into account during the consultation process. We are positive that the new regulatory framework published today will drive change and improvements for tenants across the sector.
As anticipated, the broad framework and standards have not altered radically in the final document. Most of the changes respond to feedback requesting clarification or strengthen emphasis or focus in specific areas. We have identified some of the key changes that that you should be aware of:
The 10 principles that underpin the TSA’s approach to regulation remain largely the same. However, there is more emphasis on what their expectations are in terms of their co-regulatory approach.
The 6 standards remain the same. There has been some reworking to make them more outcome focused, concise and streamlined.
There is a specific reference in all the standards (except the Governance and Viability standard) that you must set out in your Annual Report how you are meeting the obligations of each standard and how you intend to meet them in the future.
National standards are now referred to as TSA standards and local standards as local offers.
Specific requirements within the standards are now referred to as specific expectations. In addition, the TSA has recognised that it may be possible (in certain circumstances) to meet some outcomes without necessarily meeting the specific expectations.
The Tenant Involvement and Empowerment standard is explicitly expressed as a cross-cutting standard. This means that all the elements of this standard (including equality and diversity) are also cross-cutting.
There is more clarity around the TSA’s expectations in relation to equality and diversity and for tenants with support needs. There is now a specific section within the involvement and empowerment standard “Understanding and responding to the diverse needs of tenants” which sets out required outcomes and specific expectations.
The annual deadline for producing the Annual Report has been moved from 1 July to 1 October. Although there is no detail on what format your report must take, more guidance is given on what it must include.
There is a specific expectation that you will deliver against the commitments that are set out in your Annual Report.
Following feedback, there is a new section setting out how inspections will be commissioned; ALMO inspections and the links with Comprehensive Area Assessment.
The new framework provides more clarity on how the TSA will deal with complaints about providers including clearer detail on the specific roles and remit of the Ombudsmen.
The new framework clarifies in more detail the requirements for small providers. Broadly, the standards will now apply to all social landlords in England, regardless of their size, but they have set out proportionate requirements in relation to the provision of the Annual Report and other administrative burdens based on size.
The new regulatory framework for social housing - Full TSA document
Practice online - The regulation chapter of practice online explains the new framework, what it will mean for you and what you should be doing now
Regulation focus - The regulation focus section of our website contains information on the new framework
Practice review - A bespoke service, practice review can help you review current practice and develop plans for improvement in light of the new framework
CIH event - Tenants matter: What involvement means in the light of the new regulatory approach | Manchester - 15 April
CIH response to the TSA consultation
One of the key principles of the TSA's approach to regulation is that transparency and tenant scrutiny are central to the new framework.
We have published a report on resident-led self-regulation, a new approach to resident involvement and performance management which is allowing tenants of a number of housing organisations to call their landlords to account.
Implementing resident-led self-regulation could help you to meet the TSAs expectations.
Resident-led self-regulation - Free publication
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