Competence and Conduct Standard and STAIRs : Your questions answered

Following our recent webinar, ‘Regulator of Social Housing’s Updates on the Competence and Conduct Standard and Social Tenant Access to Information Requirements (STAIRs) ’, we’ve answered some of the key questions raised by attendees, including how contractors and service providers can demonstrate that they meet the new requirements, what landlords should include in lists and registers under STAIRs, and how to balance transparency with data protection when sharing information.

Q: How can contractors prepare to enable the registered providers to meet the standards?  

A: Although contractors are not directly within the Regulator of Social Housing’s (RSH) remit, the requirements are broadly the same. Service providers should review the government policy statement and check that their organisation meets its requirements.

From a landlord’s perspective, it is important to be able to demonstrate that service providers meet the standards and provide assurance that the necessary checks have been carried out. Contractors and other service providers should therefore be able to provide evidence that they have reviewed the policy statement and understand what is required.

There was also a question about whether the requirements apply to consultants only when they provide substantive management services to an organisation. If a consultant is retained to provide advice, the requirements probably do not apply in the same way. However, if they are retained to deliver some of the organisation’s services, they probably do. If you are unsure, it is worth seeking advice to clarify your position.

If you're engaging any consultant or third-party advice, you should always make sure that the relevant competence is evidenced. Get in touch with our team of experts for competent third-party support.

[Webinar time stamp - 43:21]

Q: Regarding the STAIRs, what should be included in lists and registers?

A: There is a reasonably broad interpretation of what should be included in lists and registers, and the requirements do not provide specific details.

Lists and registers are often understood to include information that landlords are required to maintain on a statutory basis. This could include health and safety records, gas safety checks, and electrical safety checks, such as a register of properties requiring gas safety checks. Building safety and statutory compliance are therefore important considerations.

However, lists and registers are likely to extend beyond these areas. They could also include asset registers, registers of conflicts of interest, declarations of interest, and gifts and hospitality registers.

While many landlords are focusing on building safety and health and safety, it is worth considering what other registers your organisation maintains and whether these should also be shared.

Ultimately, it is for each organisation to define the scope of its lists and registers. Take an honest look at the information you already hold. You may initially think there is nothing else to share, but your organisation may already maintain registers covering gifts, hospitality, and declarations of interest.

Transparency is also an important consideration. Think about what information tenants could reasonably want to know about your organisation and the questions they might ask. Being transparent upfront could help address potential requests for information further down the line.

However, it is important to ensure that any information shared complies with data protection requirements and GDPR.

[Webinar time stamp - 45:13]

Q: Is there any further guidance on deciding what to share and what not to share, and how can landlords put tenants at the centre of those decisions?

A: What you share will depend on the lists and registers themselves and what you consider appropriate to make available. The aim is to ensure you do not overwhelm tenants with information while also providing meaningful transparency.

For example, when it comes to building safety, the intention is not necessarily to publish a list of every property showing which has had a gas safety check and which has not. It may be sufficient to state that the organisation holds a register relating to gas safety, with tenants able to contact the landlord if they want specific information about their property.

The position may be different for a register of declarations of interest or conflicts of interest. Simply stating that a register exists may not provide tenants with enough transparency. They may want to understand the nature of those conflicts and whether they influence the services they receive. In these cases, tenants may reasonably expect more detail.

Landlords should therefore consider the purpose of each register, what tenants might want to know and how much information is appropriate to share, while continuing to meet data protection requirements and GDPR.

[Webinar time stamp - 47:32]

Q: As a small organisation providing housing management functions on behalf of a larger provider, what timescales apply for the Competence and Conduct Standard?

A: Large landlords, those with more than 1,000 homes, have three years to comply. Small landlords, those with fewer than 1,000 homes, have four years to comply with the qualification requirements.

Where a smaller organisation provides housing management functions on behalf of a larger registered provider, the key consideration is the landlord and tenant relationship.

The timescale is not based on the size of the managing agent. It is based on the size of the landlord on whose behalf the services are being provided. Therefore, if you provide services for a large landlord, the timescale is three years. If you provide services on behalf of a small landlord, the timescale is four years.

[Webinar time stamp - 49:45]

Q: Is using the National Housing Federation code of conduct an issue?

A: Using an existing code of conduct is a perfectly acceptable approach. Different groups have developed codes of conduct for good reasons, and organisations can use one that already exists.

However, landlords should consider whether they have discussed their choice with tenants and can explain why that particular code is right for their organisation and its tenants.

Rather than simply selecting the first available option, organisations should think carefully about why they have chosen that code and whether they can explain the decision to tenants.

The focus should be on the quality of engagement. Even if an organisation has less freedom to shape the content of an existing code, it should still consider how it involves tenants in understanding and discussing the approach.

[Webinar time stamp – 50:43]

Q: What evidence would the Regulator of Social Housing expect a provider to retain to demonstrate that it has taken appropriate steps to meet the Competence and Conduct Standard?

A: The RSH regularly considers what assurance a registered provider’s board, or councillors in a local authority, have in place. The same principle applies to the Competence and Conduct Standard.

The expectation is not necessarily that landlords will provide large spreadsheets listing every member of staff, their qualifications, their progress towards completing qualifications, their skills, and their experience.

Instead, the focus is on whether landlords have completed a gap analysis to understand their current position and identify what needs to happen next.

As a landlord, you should consider:

• What do we know about our staff?
• Where do staff need to develop further?
• What development activities are required?
• What is our forward plan and how will we progress?

Providers should be able to demonstrate that they have carried out this work, understand where their teams are in relation to the requirements, and have a plan for moving forward.

Ideally, this should provide assurance at board level. Relevant evidence could include papers that have gone through the organisation’s governance processes, with appropriate discussion and oversight through its governance structures.

Evidence from internal audit or an external review carried out by a third party can also provide valuable assurance about the organisation’s position and progress.

[Webinar time stamp - 51:43]

Q: What support can the internal audit function give to RPs with STAIRs audits on their 2026/27 plan?

A: Including STAIRs and the Competence and Conduct Standard within internal audit programmes is a positive step.

Internal audit can examine whether the organisation has a publication scheme in place, whether it has considered the relevant requirements, and whether there is evidence that the approach has been discussed and understood at board level.

It can also assess whether processes for handling information requests are in place and followed consistently.

For example, auditors could test individual requests to establish whether they were handled within the required timescales, whether the correct processes were followed, whether any complaints arose, and whether the information was provided on time and clearly.

Monitoring is also important. Organisations should have appropriate Key Performance Indicators (KPIs) in place to track how information requests are handled and whether processes are working effectively.

Internal audit should consider both what is included in the publication scheme and whether it meets the requirements set out in the policy statement. It should also test how the arrangements work in practice.

It is important to ask yourself: can we demonstrate that our approach is effective? Does the board have assurance? Are records retained and readily accessible if an auditor needs to test a case? Can we demonstrate that a request was handled correctly and within the required timescale?

Regular monitoring should also provide the board with an overview of how many requests have been handled, whether they have gone through the correct processes and whether the organisation can demonstrate that its approach is working.

An internal audit should start with the policy and test it against the requirements of the standard. However, the real value also comes from testing outcomes and understanding what difference the arrangements are making. Feeding those findings back to the audit committee and board provides valuable evidence.

Boards and executive teams should also ask themselves whether they understand what is required, whether the board has received training, and whether it has appropriate assurance in place. They should consider whether the requirements are reflected in the risk register and whether identified risks are informing the internal audit programme.

Ultimately, this is about ensuring that the requirements are embedded within the organisation’s governance framework.

Much of regulation comes back to governance. At board and leadership level, organisations need to demonstrate oversight, assurance, accountability and transparency, while modelling those values throughout the organisation.

It is also important to distinguish between assurance and reassurance. Being told that everything is fine is not enough. Leaders need to see the evidence, understand what they are being asked to scrutinise, receive appropriate training, and be able to challenge the information presented to them.

The two key considerations for the consumer standards are whether there is appropriate governance and oversight and how the arrangements are improving outcomes for tenants.

[Webinar time stamp – 53:30]

Q: For housing providers looking to become a registered provider, should they be complying with the standards before submitting an application?

A: The RSH sets out its registration requirements on its website. Landlords must have appropriate governance arrangements in place and be financially viable before they can be registered.

The position is slightly different for the consumer standards. Organisations must be capable of meeting the standards in order to be registered.

This reflects the fact that some organisations applying for registration are very small or are still in formation, rather than having a fully developed business plan.

The RSH would want to see that an organisation understands the requirements and is able to transition towards meeting them over the defined period of time.

However, not necessarily being fully compliant with the consumer standards at the point of application would not automatically be a barrier to registration.

[Webinar time stamp - 57:06]

Looking for further support with the Competence and Conduct Standard or STAIRs? Get in touch with our experts for help reviewing your current arrangements, identifying gaps, and ensuring that appropriate governance and assurance processes are in place to help you prepare for your responsibilities.