Tenant participation newsletter: making a difference

SHR Framework

New social housing Regulatory Framework goes live in April

Our statutory objective

To safeguard and promote the interests of current and future tenants, people who are homeless, factored owners and Gypsy/Travellers.

Our functions

To monitor, assess, report and intervene (as appropriate) in relation to social landlords’ performance of housing activities and Registered Social Landlords (RSLs) financial well-being and standards of governance.

Consulting on a new approach

Towards the end of last year the Scottish Housing Regulator (SHR) consulted on its proposed new Regulatory Framework for social housing in Scotland. The Framework sets out how SHR regulates both registered social landlords (RSLs) and the housing and homelessness services provided by local authorities.

SHR had wide-ranging discussions during the consultation. It held a series of events with tenants, landlords, and organisations who work with people who are homeless and other service users. This included ten tenant events organised by TPAS and TIS.

SHR had 100 written responses to its proposals, including feedback from tenant networks and groups and from those who work with tenants.

SHR’s work

The vast majority of people and organisations that responded support the principles that underpin the approach to regulation SHR proposed.

There are four broad ways SHR carries out its work with both local authorities and RSLs:

Tenant voice

• the information SHR requires from the landlord;
• any further work SHR is doing with it;
• and why.

SHR promotes a strong tenant voice, and this will remain at the centre of the new Framework. It is important that landlords involve tenants and other service users in the scrutiny of their performance and in discussions about affordability and what they get for their rent.

SHR empowers tenants and others by publishing landlord performance information in accessible and useful ways, to enable them to ask questions and hold their landlords to account. SHR gives tenants an effective way to bring to it significant performance failures by their landlord.

Landlord self-assurance

The concept of ‘landlord self-assurance’ is central to the new Framework. This means landlords assuring themselves, their tenants and SHR. Each landlord is responsible for delivering good outcomes and services for its tenants and service users. Landlords need to be self-aware, open and honest about their performance and identify, and drive improvement.

One major new concept in the Framework is that all landlords must prepare and publish an Annual Assurance Statement to confirm to their tenants and to SHR that they are meeting regulatory requirements. The Statements support openness and a culture of continuous assurance and improvement.

The Statements will influence how SHR will engage with each landlord. SHR will consider carefully, firstly whether it needs to engage with a landlord that discloses any areas of non-compliance, and secondly what the most proportionate engagement will be.

SHR may ask some landlords to give it more assurance around how they are tackling areas of more significant non-compliance. And it will engage more directly with landlords where there is serious non-compliance that presents a risk to tenants’ interests.

Engagement plans

Transparency also features prominently in the new Framework. SHR will make its regulatory view of each landlord readily available to tenants, other service users and landlords. To do this it will publish an engagement plan for every landlord. This will replace its current high, medium or low engagement level for each RSL and its current regulation plans.

The new engagement plan will focus on SHR’s judgement on each landlord’s compliance with the Standards and regulatory requirements. Each engagement plan will set out:

SHR has a broader role with RSLs than local authorities. So for RSLs, SHR will publish a new regulatory status. Each RSLs plan will have a status of compliant, working towards compliance or statutory action.

• make information on reporting significant performance failures, including its leaflet, available to its tenants;
• provide tenants and other service users with the information they need to exercise their right to complain and seek redress, and respond to tenants within the timescale outlined in its service standards; and
• ensure it has effective arrangements to learn from complaints and from other tenant and service user feedback, in accordance with Scottish Public Service Ombudsman guidance.

Tenant redress

Tenant and service user redress continues to play an important part in the new Framework. SHR requires each social landlord to:

The new Regulatory Framework is available the SHR’s website: https://www.scottishhousingregulator.gov.uk/

• Developing effective engagement with the Scottish Housing Regulator (SHR) and meeting with SHR on a regular basis to discuss social housing regulation.
• Challenging the Scottish Government to produce more robust guidance on the operation of Local Authority Housing Revenue Accounts (HRA) to ensure Council tenant rent money is used correctly.
• Participating alongside professional organisations in Scottish Government working groups ensuring that tenants and interests are at the heart of the policy process.
• Sharing ideas and best practice to improve services and participation locally.

tenant participation