The Social Housing (Regulation) Act 2023 is an essential piece of legislation for any social housing provider in the UK. This landmark law received Royal Assent in July 2023, clearing the path for major changes and improvements to the social rented sector.
In this article, we look at what the act involves and its potential impact on social housing providers and assess the current state of its implementation.
What is the Social Housing (Regulation) Act 2023?
The Social Housing (Regulation) Act 2023 was introduced to change how social housing is managed and raise standards. This includes increased regulation of social landlords and new rules for protecting tenants from serious hazards in their homes.
The Act was established in response to high-profile tragedies surrounding tenant neglect, such as the Grenfell Tower fire in 2017 and the death of Awaab Ishak in 2020 from exposure to dangerous levels of mould.
It aims to address long-standing issues within the sector, strengthening tenant rights, increasing regulatory oversight and ensuring social housing providers are transparent with data about safety, repairs and tenant satisfaction.
Not only does the Act focus on improving the safety and quality of social housing, but also ensures tenants are treated fairly by their landlords.
The law will bring forward the following changes:
- Strengthening the Regulator of Social Housing to carry out regular inspections of the largest social housing providers and the power to issue unlimited fines to rogue social landlords.
- Additional Housing Ombudsman powers to publish best practice guidance to landlords following investigations into tenant complaints.
- Powers to set strict time limits for social landlords to address hazards such as damp and mould.
- New qualification requirements for social housing managers.
- Introducing stronger economic powers to follow inappropriate money transactions outside of the sector.
Source: UK Government
What could it mean for social housing providers?
The Social Housing (Regulation) Act 2023 will have major implications for housing associations and other social housing providers, rebalancing the relationship between social landlords and their tenants.
Proactive enforcement
Regulation in the sector has been largely reactive in the past, but the Act should adopt a more proactive approach. While previously the Regulator of Social Housing could only intervene if they believed an issue had caused serious detriment to a tenant, they will now act before residents are at risk.
It should give them stronger powers to:
- Ask a social landlord to prepare and implement a performance improvement plan when regulatory standards aren’t being met.
- Impose unlimited fines.
- Undertake property surveys and regular inspections.
- Authorise emergency remedial action.
Tenant safety measures
Social housing providers must now report on specific Tenant Satisfaction Measures. This includes:
- Safety and maintenance of homes.
- Responsiveness to repairs and complaints.
- Transparency in governance and decision-making.
The future introduction of Awaab’s Law means landlords must address hazards such as damp and mould within a fixed period. This helps to prevent tenants from being exposed to poor living conditions that can cause serious health issues.
Enhanced safety standards
Supported by new consumer standards, there will be more pressure on social housing providers to conduct regular safety checks, address hazards and maintain compliance. Now, a safety lead will likely be responsible for ensuring compliance with health and safety laws and alternative housing will need to be offered when a tenant’s safety is at risk in their current property.
Greater accountability
Social housing providers must be honest and transparent in providing information for the Regulator and tenants.
They’ll need to create clear lines of communication with tenants and address their concerns promptly. Failure to comply with these requirements could result in penalties, including fines and enforced management changes.
Plus, they’ll have to always check compliance with the standards and inform the Regulator should there be any instances of non-compliance.
The current landscape
As of early 2025, the Social Housing (Regulation) Act 2023 is in its final stages and has yet to be implemented. However, some social housing providers have started to prepare for its enactment. Here’s how it’s progressing:
- Regular inspections are now more common.
- Detailed information about standards, requirements and guidance for social landlords in England on transparency, influence and accountability has been released, including Tenant Satisfaction Measures.
- Some social housing providers have started to create new forms and feedback mechanisms to involve tenants more in decision-making processes.
- Unfortunately, it’s been reported that some social housing providers are struggling to plan for new requirements due to resource constraints. Funding support may need to be provided.
- Awareness about the Act is starting to spread among tenants.
While we wait for the full implementation of the Social Housing (Regulation) Act 2023, it marks a major milestone in reforming the UK’s social housing sector. What’s clear is that tenants must be at the heart of social housing decision-making.
The onus is on social housing providers to prepare for its enactment, so they can adapt to future regulatory changes and positively shape the future of the sector. Stay tuned for updates.
