Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 42
42
Paragraph: 156
To ensure that the consumer regulatory regime does not continue to let down tenants whose...
Recommendation
To ensure that the consumer regulatory regime does not continue to let down tenants whose providers are responsible for serious mismanagement that does not meet the ‘systemic failure’ test, we strongly urge the Regulator of Social Housing to reconsider its interpretation of its duty to minimise interference and act proportionately. In particular, we recommend that it scrap the ‘systemic failure’ test and report back to us on how it plans to change its approach. We also recommend that the Government amend Clause 4 of the Social Housing (Regulation) Bill to require the regulator and the Housing Ombudsman to set out in their memorandum of understanding how they intend to prevent gaps between their respective remits.
Paragraph Reference:
156
Government Response
Not Addressed
HM Government
Not Addressed
The Regulator of Social Housing is independent of the Government and is alone responsible for the interpretation of its statutory duties. The Regulator must interpret and discharge its statutory duties in a way that is consistent with Parliament’s intention. The Department engages regularly with the Regulator to understand how it is discharging its duties and to ensure that the Department’s policy intentions are understood. The Department welcomes the Committee’s views on the Regulator’s interpretation and will raise these points with the Regulator. The Government has amended the Social Housing (Regulation) Bill to remove the ‘serious detriment’ test.