Social Housing
These regulations affect providers of social housing and other types of housing for vulnerable people. The Government is in the process of implementing radical reforms to social housing. These reforms will provide greater freedom and flexibilities for local authorities and social landlords to meet local needs and priorities; make better use of resources; promote fairness; and ensure that support is focused on those who need it for as long as they need it. The rights and tenure of existing social housing tenants will be protected. Full details of our reforms are set out in Chapter 3 of the Government’s Housing Strategy. Chapter 6 outlines our plans to support vulnerable households, the elderly and those on low incomes. Find out more here.
We want to hear your views on what more we can do to deliver a simpler, less bureaucratic and more effective system, increase choice and opportunity, and maintain necessary safeguards and legal protections. You can find the regulations that relate to Social Housing to the left below.
Visit the Housing & Construction theme landing page here.
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Assured Tenancies (Approved Body) (No 1) Order 1980 Amends the list of approved bodies who have the right to let new dwellings under Assured Tenancies (in Section 56 of the Housing Act 1980). Assured tenancies and assured shorthold tenancies allow landlords to charge a full market rent, whilst assured shorthold tenancies can also be let for short periods. Read More… (opens in a new window)
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Assured Tenancies (Approved Body) (No 1) Order 1981 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Body) (No 2) Order 1981 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Body) (No 2) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 5) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 6) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 7) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 8) Order 1982 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1983 See AAssured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 5) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 6) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 7) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 8) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 9) Order 1983 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) Order 1984 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1984 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1984 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1984 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1984 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) Order 1985 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1985 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1985 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1985 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) (Amendment) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) (No 2) Order 1986 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1987 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1987 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1987 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1987 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (Amendment) Order 1988 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 1) Order 1988 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 2) Order 1988 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 3) Order 1988 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Approved Bodies) (No 4) Order 1988 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Notice to Tenant) Regulations 1981 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Assured Tenancies (Prescribed Amount) Order 1987 See Assured Tenancies (Approved Body) (No 1) Order 1980 Read More… (opens in a new window)
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Defective Dwellings (Mortgagees) Regulations 1986, SI 1986/797 A local housing authority can provide a mortgage to an owner of a defective dwelling to bring the property up to standard. These regulations enable the local housing authority to sell the defective dwelling, if the mortgagee defaults on repaying the mortgage. Read More… (opens in a new window)
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Demoted Tenancies (Review of Decisions) (England) Regulations 2004, SI 2004/1679 Sets out the procedure to be followed in a review of a landlord’s decision to seek possession of a demoted tenancy. A demoted tenancy enables landlords to deal more effectively with anti-social behaviour, through ‘demoting’ a secure tenancy, to a less secure type of tenancey. Read More… (opens in a new window)
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Housing (Prescribed Forms) Regulations 1990, Prescribes forms for use by local housing authorities for extinguishing a public right of way under section 294 and Part X (overcrowding) of the Housing Act 1985. Read More… (opens in a new window)
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Housing (Purchase of Equitable Interests) (England) Regulations 2009, SI 2009/601 Gives a housing authority which is a landlord of a flat under a long lease, a power to purchase an equitable interest in the flat in order to assist the tenant to meet some or all of the costs of service charge payments (for repairs and improvement contributions). Read More… (opens in a new window)
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Housing (Right of First Refusal) (England) Regulations 2005, Requires that secure tenants who have bought their homes under the Right to Buy scheme, if they want to sell their home during the first ten years after purchase, (except for exemptions) must offer the property to prescribed social landlords, for purchase at full market value. Read More… (opens in a new window)
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Housing (Service Charge Loans) Regulations 1992, SI 1992/1708 Provides for housing authorities to make loans in respect of service charges for repairs, to tenants who have bought a home under Right to Buy. Read More… (opens in a new window)
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Housing (Service Charge Loans) (Amendment) (England) Regulations 2000, SI 2000/1963 Amends the Housing (Service Charge Loans) Regulations 1992, SI 1992/1708, to allow local authorities to charge a reasonable rate of interest on discretionary loans for repairs. Read More… (opens in a new window)
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Housing (Service Charge Loans) (Amendment) (England) Regulations 2009, SI 2009/602 Amends the Housing (Service Charge Loans) Regulations 1992, SI 1992/1708 to give local housing authority landlords discretionary powers, to assist their tenants/leaseholders to pay service charges for repairs through loans. Read More… (opens in a new window)
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Housing (Shared Ownership Leases) (Exclusion from Leasehold Reform Act 1967) (England) Regulations 2009 Enables shared ownership leases on houses (which help first-time buyers into home ownership) which have been granted by private providers of housing or are in designated protected (rural) areas to be excluded from the right to enfranchisement. This means that where shared ownership homes would be difficult to replace, it prevents the loss of affordable housing in the community. Read More… (opens in a new window)
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Housing Management Agreements (Break Clause) (England) Regulations 2010, SI 2010/663 Requires that a break clause is included in management agreements where a local housing authority delegates housing management functions (so enables termination of the agreement). Read More… (opens in a new window)
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Regulatory Reform (Housing Assistance) (England and Wales) Order 2002, SI 2002/1860 Gives local housing authorities in England and Wales a new power to improve living conditions in their area (through adapting and repairing living accomodation). Read More… (opens in a new window)
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Regulatory Reform (Housing Management Agreements) Order 2003, SI 2003/940 Amends section 27 of the Housing Act 1985 in regard to the local housing authority appointing a manager for specified housing management functions Read More… (opens in a new window)
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Regulatory Reform (Schemes under Section 129 of the Housing Act 1988) (England) Order 2003, SI 2003/986 Removes the requirement for the approval of the Secretary of State for a local housing authority scheme to pay grants to tenants/licensees to allow them to either buy a home or to carry out improvements to their home. Read More… (opens in a new window)
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Housing Association Shared Ownership Leases (Exclusion from the Leasehold Reform Act 1967 and Rent Act 1977) Regulations 1987 Amendments Schedule 4 to the Housing and Planning Act 1986, which enables shared ownership leases (on houses granted by housing associations) to be excluded from the Rent Act 1977 definition of a ‘protected tenant’ and from the right to acquire the freehold. Also enables leases granted by private registered providers of social housing to elderly people to be excluded from the right to acquire. Read More… (opens in a new window)
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Housing and Regeneration Act 2008 (Moratorium) (Prescribed Steps) Order 2010 Provides protection for social housing tenants when a private registered provider of social housing becomes insolvent. Provides a 28 day moratorium (prevents the disposal of any property or land) to enable The Tenant Services Authority to agree a package of proposals (a rescue package) with the creditors. Read More… (opens in a new window)
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Housing and Regeneration Act 2008 (Penalty and Compensation Notices) Regulations 2010 Provides the minimum period (28 days) that the Social Housing Regulator (Tenant Services Authority) may specify for a private registered provider of social housing to pay a penalty or compensation awarded by the Regulator. Read More… (opens in a new window)
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Secure Tenancies (Notices) Regulations 1987 Prescribes the forms of notice which have to be served on a secure tenant before a court can entertain proceedings for possession of the property or for the termination or demotion of the tenancy. Read More… (opens in a new window)
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Homelessness (Suitability of Accommodation) (England) Order 2003 Specifies the circumstances in which accommodation offered by a local housing authority to an applicant who is homeless or threatened with homelessness will not be regarded as suitable. Read More… (opens in a new window)
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Housing (Right to Buy) (Prescribed Forms) Regulations 1986, SI 1986/2194 Prescribes the forms of notice for use in connection with the right to buy under sections 122(1) and 124(1) of the Housing Act 1985. Read More… (opens in a new window)
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Housing (Right to Buy)(Service Charges) Order 1986, SI 1986/2195 A tenant’s contribution to service charges incurred during the first five years of the lease (if they have bought under the Right to Buy or have a shared ownership lease) is limited, but includes an allowance for inflation. This regulation prescribes the method for calculating the ‘inflation allowance’, and the information to be given to the tenant when they are asked to pay the service charges. Read More… (opens in a new window)
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Housing (Right to Buy)(Service Charges)(Amendment)(England) Order 2010, SI 2010/2769 Changes the name of the publication, in which the statistics are published, which are used to calculate the inflation allowance. The inflation allowance is used to calculate how much service charge, in the first five years, tenants (who have bought their home under the Right to Buy), may be required to pay. Read More… (opens in a new window)
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Housing (Extension of Right to Buy) Order 1993, SI 1993/2240 Extends the right of a secure tenant to buy the freehold of their dwelling-house which includes cases where the dwelling-house is a house (i.e. not a flat); the landlord is a leaseholder of the property; and the freeholder is a specified body (a housing association). Read More… (opens in a new window)
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Housing (Preservation of Right to Buy) Regulations 1993, SI 1993/2241 Sets out terms for the Preserved Right to Buy, which applies to tenants who would normally not qualify for Right to Buy. Read More… (opens in a new window)
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Housing (Right to Buy)(Information to Secure Tenants)(England) Order 2005, SI 2005/1735 Specifies information about the Right to Buy scheme that landlords must provide to their secure tenants, and the times at which this information must be provided. Read More… (opens in a new window)
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Housing (Right to Buy)(Limits on Discount) Order 2003, SI 2003/498 Specifies the maximum Right to Buy discount for specified areas. Read More… (opens in a new window)
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Housing (Right to Buy)(Limits on Discounts) Order 1998, SI 1998/2997 Specifies the maximum discount to be given in each region in England. Read More… (opens in a new window)
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Housing (Right to Acquire)(Discount) Order 2002, SI 2002/1091 Specifies the discount which a tenant is entitled to in individual local authority areas. Read More… (opens in a new window)
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
Val Taylor said on February 15, 2012 at 1:14 pm
From Shelagh Grant, Chief Executive, The Housing Forum.
The Housing Forum has studied the impact of regulation on housing construction and concluded that investment in briefing, design, procurement and construction will also be needed if a reduction in regulation is to achieve cost reductions. The Housing Forum has recommended that
• Government’s role should be as an enabler, removing all but essential regulation
• Mandatory housing standards will remain necessary in the affordable sector
• A standard labelling system for all homes should be developed and adopted to give consumers better information on space and energy performance
• Further research is needed into the comparative cost of affordable housing
• The emphasis on innovation should be moved towards component design and manufacture, with incentives for locally based supply chains
• Better integration throughout the whole life housing process through adoption of BIM
• Improved and simplified procurement processes will help bring down costs
Our comments are drawn from the practical and commercial experience of members of The Housing Forum including clients,consultants,contractors and manufacturers from the public and private sectors in housing. The full report “”Innovation and Regulation in Housing Construction “can be seen on the web site http://www.housingforum.org.uk”
Shelagh Grant said on February 15, 2012 at 10:38 am
“ From Shelagh Grant, Chief Executive, The Housing Forum.
The Housing Forum has studied the impact of regulation on housing construction and concluded that investment in briefing, design, procurement and construction will also be needed if a reduction in regulation is to achieve cost reductions. The Housing forum has recommended that – then insert the bullets on p.3
Our comments are drawn from the practical and commercial experience of members of The Housing Forum including clients,consultants,contractors and manufacturers from the public and private sectors in housing. The full report “”Innovation and Regulation in Housing Construction “can be seen on the web site http://www.housingforum.org.uk”
Our Findings and Recommendations
• Government’s role should be as an enabler, removing
all but essential regulation
• Mandatory housing standards will remain necessary in
the affordable sector
• A standard labelling system for all homes should be
developed and adopted to give consumers better
information on space and energy performance
• Further research is needed into the comparative cost
of affordable housing
• The emphasis on innovation should be moved towards
component design and manufacture, with incentives
for locally based supply chains
• Better integration throughout the whole life housing
process through adoption of BIM
• Improved and simplified procurement processes will
help bring down costs
Andy Pennell said on February 13, 2012 at 3:53 pm
I work for a high quality medium volume residential developer in all aspects of affordable housing. I was hoping this Red Tape Challenge would allow me to comment upon all the planning related issues we face. However the “Regulations” to the left of this page are exclusively related to tenancies and management. I expect Registered Providers will comment as they have day to day issues in this area.
The issues I feel are far more important are that the planning system, and specifically affordable housing policies at local authority level, are not enabling or encouraging delivery. There is a fundamnetal misunderstanding that increasing the AH requirement at policy level will increase supply. It won’t, it never has and never will – the “burden” of affordable housing contributions in s106 agreements is stifling new developments, especially now as in many areas the threshold for requiring AH is very low. As this isn’t the forum to debate this matter I’ll not go into detail here, but will offer to meet with those charged with improving delivery to explain my thoughts further.
Kevin M said on February 9, 2012 at 6:15 pm
Legislation should be introduced to allow established Social housing landlords a proprietary right of purchase on a mortgaged property which could then be rented back to the mortgagee in posession under a social housing scheme where mortgage payments can not be met due to redundancy or ill health , thus preventing bank reposession and disposal for below market value by auction.
Jim Moody said on January 25, 2012 at 9:07 pm
Regulations need expanding to force local authorities to meet the basic human need of housing, which all kinds of governments have been allowed to neglect for decades. Social housing, socalled, has replaced council housing through arms-length housing associations. These associations have succumbed to the pressures of the market (i.e. capitalism) and have amalgamated into massive beasts, distant and less than responsive to their target publics. They should be brought fully into the public sector without compensation forthwith and a massive programme of building embarked upon. Any legislation and regulation that obstructs this must be swept away forthwith. It almost goes without saying that the right to buy legislation has to be abolished. No voluntary codes are acceptable: as with verbal contracts, they are not worth the paper they are printed on. While legislation often enshrines (or ‘freezes’) social relations and can be the result of struggle to achieve worthwhile objects, the same can hardly hold good for anything voluntary that those with the whip hand do not fancy doing at any juncture.
Gareth said on January 21, 2012 at 4:34 pm
Fine no improvements needed
Ciaran Chapple-Canty said on January 16, 2012 at 8:39 pm
Planning permission should depend heavily on the judgement of regional design review boards, from a centralised non departmental government body, made up of local architects from a range of office sizes and disciplines.
Trevor Haystead said on January 13, 2012 at 10:37 am
The process of receiving funding and commitments to start on site/end dates conflicts with the durations for planning approval, conditions discharge and consultaion with other bodies ie EA. Lead in times for starts on site can be onerous for discharge of planning and proper design lead in, especially for Design and Build projects.