Consumer Regulation: Your questions answered

In our latest webinar, ‘New Consumer Regulation Regime: Insights and Updates’, our panel of experts were joined by Jessica Guandilini, the Assistant Director of Regulatory Engagement at the Regulator of Social Housing to discuss top tips for ensuring compliance with the new consumer regulation regime and revised set of consumer standards. You can access the full webinar on-demand here.  

During the webinar, we received a lot of insightful questions around ensuring compliance with the new regime and upcoming landlord inspections that commenced as of 1st April 2024. Our experts have answered and compiled the questions to provide you with a useful blog of consumer regulation knowledge.   

Q: How do we know when we will be inspected? 

 A: The Regulator of Social Housing (RSH) has published an inspection plan that we recommend all organisations review here. Whilst the plan does not specify your position in the inspection schedule, it outlines the criteria the RSH will consider when scheduling the inspections. It also details the circumstances under which a responsive or non-programmed inspection may occur.  
 (Webinar time stamp – 9:48) 

Q: What will be the threshold for self-referral to the RSH in relation to the consumer standards – anything less than being compliant as defined by C1?

A: The RSH’s new ‘Regulating the Standards’ document provides detail on this, as well as confirming that the requirement to self-refer now applies to local authorities. Organisations often question what constitutes a material issue and what should be reported to the RSH. It is advised to err on the side of caution; if you believe something is a concern, reach out and inform the RSH to have an open conversation. For example, if a gas check is missed and subsequently more are found to have been missed, and you discover this is due to an issue with the gas contractor, it becomes a material issue as it affects your ability to deliver the outcomes specified in the standards.  

(Webinar time stamp - 55:19) 

Q: If there is a material issue, when is the right time to inform the RSH?  

A: We recommend raising issues as soon as possible to ensure the RSH understands the challenges faced. However, once an issue is identified, you may need time to assess the risks and determine your immediate short-term response. Be prepared to answer the RSH’s questions. If you cannot provide answers immediately, the RSH will give you time and revisit the conversation a few days later once you have more information and have identified steps to mitigate the risks. There is no formal process for contacting the RSH – simply pick up the phone and speak with your key contacts to inform them of the situation. 

 (Webinar time stamp – 57:34) 

Q: Do organisations need to refer to the new standards in their policies?

A: Yes, refer to them. Consider not only the policy in isolation but also how they contribute and align with the broader objectives outlined in those standards.

 (Webinar time stamp – 59:16) 

Q: Are there any areas where housing associations or local authorities are struggling to demonstrate compliance against the new standards?

A: Whilst it may be too soon to identify key emerging themes in specific areas, what we have seen is that all organisations are facing unique challenges based on their approaches. Regarding the Transparency, Influence and Accountability standard, there is a significant emphasis on ensuring tenants can effectively hold their landlords to account. This is an area that many providers are working towards, meaning they are not yet where they want to be. To assist with this, organisations may be implementing service improvement plans or have commissioned third-party assistance to address weaknesses and gaps around tenant engagement. Over time, these providers aim to develop more sophisticated approaches to tenant engagement to enhance outcomes related to this standard. 
(Webinar time stamp – 1:00:09) 

Q: Are there any differences between local authority providers’ governance arrangements and housing associations? 

A: Governance arrangements are unique for local authority providers due to the political element, which is often changing. This means there may be a refresh of members each time, potentially influencing how structures and frameworks operate. Whilst aiming for everyone to achieve outcomes aligned with the standards, local authorities operate within an entirely different structure; the RSH is aware of this and is keen to address any specific challenges organisations face. Conversations with the RSH are beneficial in developing and understanding governance structures, and their role in oversight, scrutiny, tests, and challenges for the officers – and ultimately, in delivering services to tenants.  
(Webinar time stamp – 1:02:52)