Social Tenant Access to Information Requirements (STAIRs) Explained

As part of the Social Housing (Regulation) Act 2023, the Department for Levelling Up, Housing and Communities (DLUHC) intends to introduce the Social Tenant Access to Information Requirements (STAIRs). This important legislation, outlined in the White Paper and currently in its consultation phase, will form part of the Regulator of Social Housing’s regulatory standards. Landlords now have the opportunity to respond to the STAIRs consultation before 15th July here.  

To find out more about the introduction of the new consumer regulation regime and the revised consumer standards, catch up on our latest webinar, on-demand now. 

The Social Housing (Regulation) Act was implemented to provide tenants with increased powers and facilitate swift, fair resolutions to issues. STAIRs will contribute to this by ensuring they have access to information about the management of their homes.  

This initiative marks a proactive shift towards ensuring Private Registered Providers (PRPs) are open with their tenants; providing them with an increased voice to hold their landlord to account for the repair, safety, and quality of their home; and allowing them access to the information they need about their housing.  

In this blog, we will break down the proposed requirements and government guidance into a simple and digestible format to ensure you have a robust understanding of the impending duties and how to stay compliant.  

What do the new requirements mean for landlords? 

Under STAIRs, it is proposed that PRPs must: 

• Provide detailed relevant information to their tenants or their representatives (such as their solicitors) upon request. 
• Publish and promote a publication scheme with certain classes of information. 

Tenants can request a variety of ‘relevant information’, including information around:  

• Anti-social behaviour  
• Complaints handling, procedures, and performance  
• Health and safety  
• Rent rates 
• Property conditions, repairs, and improvements to property 
• Service charges for shared owners  
• Stock profile 
• Energy efficiency information 
• Estate management 
• PRPs will typically be expected to respond to tenant requests promptly, no later than 30 calendar days from receipt. 

What is a scheme of publication?  

In addition to responding to tenant requests for information, STAIRs will require PRPs to proactively publish information through a publication scheme or make it available as a matter of routine. This scheme will include information such as: 

• Names of senior members of staff, roles, and organisation structure. 
• Spending, grants, and service charge revenue. 
• Stock management, including plans, maintenance work, and progress toward net zero. 
• Performance information such as outcomes of inspections, tenant satisfaction measures, health and safety performance, performance reviews, complaint metrics, and eviction numbers. 
• Descriptions of the housing service and advice services. 
• Policies relating to the management of social housing. 
• Information held in registers required by law. 

Who do the Social Tenant Access to Information Requirements apply to? 

The requirements mainly apply to PRPs. They will not generally apply to local authority providers as they are already subject to the Freedom of Information Act. 

What if the PRP cannot provide the information requested?  

Under the new requirements, PRPs will be obliged to provide the information requested. However, there may be reasons to refuse an information request, such as if responding to the information request would exceed 18 hours of staff time, if it is reasonable to withhold the information from disclosure, and if the information is a repeat request or not relevant.  

If the tenant is dissatisfied with the outcome of the information request, they can submit a complaint to the Housing Ombudsman, where the PRP must provide a clear record as to why they came to that decision. This means it is crucial to consider how you would demonstrate evidence of why you refused to provide information.  

How should you best prepare?  

To prepare for the enactment of STAIRs, PRPs are advised to familiarise themselves with the consultation documents and policy documents to gain a comprehensive understanding of the new requirements and respond to the consultation. Since STAIRs will be part of the new consumer standards, you should also consider these requirements in relation to the Transparency, Influence, and Accountability standard, as their key aims and requirements are closely aligned in showing a commitment to transparency and empowering tenants to hold their landlords to account.  

PRPs should assess their current information and identify any gaps that must be addressed to prepare for creating a publication scheme. This assessment should also take into account the Transparency, Influence, and Accountability standard to make sure they are considering the diverse needs of tenants in developing the scheme. 

To prepare for handling information requests, PRPs should begin reviewing their policies and procedures as well as planning how they will train staff on the new requirements and identify any resources they may require. 

If you need help navigating your responsibilities under STAIRs or any aspect of the new consumer standards, get in touch with one of our experts who are on hand to help you ensure compliance.