Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Housing, Communities and Local Government, whether the board of the Regulator of Social Housing will have a role in determining the threshold for the serious detriment test used to establish the governance-rating of housing associations.

Under the Housing and Regeneration Act 2008, the Regulator may only intervene in the breach of consumer standards if there is a significant risk that, if no action is taken by the Regulator, the failure will result in a serious detriment to the tenants or potential tenants. The Regulator interprets the meaning of “serious detriment” to be when there is risk of, or actual, serious harm to tenants. The Regulator publishes further information about its approach to regulation here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/698332/Regulating_the_Standards_April_2018.pdf.

As part of our review of the regulatory system for social housing we have consulted on whether “serious detriment” remains the appropriate threshold for enforcement action. We are considering responses to the consultation. The Regulator of Social Housing and other stakeholders including residents would have the opportunity to input on the detail of any proposals for change.