The UK’s social housing sector is carefully regulated by multiple bodies with the aim of ensuring adherence to the necessary high standards that have been put in place through legislation. There can often be confusion over who to go to when certain issues arise.
In short, the Regulator of Social Housing sets the rules for landlord performance and safety. The Housing Ombudsman handles individual tenant complaints. Local authorities and the Health and Safety Executive ensure health and safety, while the Care Quality Commission oversees care quality.
The following details which specific issues they each govern. It also highlights where multiple agencies are working together, rather than contradicting each other, and how to issue a complaint.
1. Regulator of Social Housing (RSH)
Regulatory remit and coverage
The RSH oversees social housing providers in England, including local authorities, housing associations, and other registered providers. It sets standards on governance, financial viability, value for money, neighbourhoods, tenant involvement, and tenant safety. The RSH can intervene if these standards are breached, especially if tenants are put at risk.
Complaint pathways against providers
Tenants are advised to complain to their landlord first. Landlords usually follow a two-stage process, aiming to respond within 10–20 working days per stage. If unresolved, tenants can escalate their complaint to the Housing Ombudsman.
Regulatory powers
The RSH has extensive powers, including:
- Refusing or removing a provider from the register
- Setting and enforcing regulatory standards
- Requiring performance improvement plans
- Carrying out inspections, entering properties, and commissioning emergency repairs with 48 hours’ notice where there is serious risk to tenants
- Issuing unlimited fines to failing landlords
- Setting qualifications for social housing managers
- Enforcing new requirements under Awaab’s Law, for example strict timescales to address hazards like damp and mould
Memoranda of Understanding (MoUs)
The RSH has a formal Memorandum of Understanding (MoU) with the Housing Ombudsman. This clarifies their roles and sets out arrangements for cooperation and communication. This MoU is now on a statutory footing following the Social Housing (Regulation) Act 2023.
2. Housing Ombudsman
Regulatory remit and coverage
The Housing Ombudsman investigates complaints from social housing residents about their landlords’ actions and management of homes. They review each complaint based on its individual facts and evidence. Their remit covers all landlords registered with the RSH, provided the resident and complaint meet certain jurisdiction tests.
Complaint pathways against providers
Residents must first exhaust their landlord’s internal complaints process. Only after this can a complaint be brought to the Ombudsman, who will decide if it falls within their jurisdiction. Full guidance is available on the Ombudsman’s website.
Regulatory powers
The Ombudsman can order landlords to:
- Apologise to the complainant
- Carry out specific repairs or remedial action
- Pay compensation
Following the Social Housing (Regulation) Act 2023, the Ombudsman now has statutory powers to enforce a new complaints code, direct landlords to improve complaint handling, and address systemic failings in the sector.
Memoranda of Understanding (MoUs)
As above, the Ombudsman and RSH have a statutory MoU to clarify roles and share information to better regulate the social housing sector.
3. Local authorities
Regulatory remit and coverage
Local authorities are often both direct social landlords and regulatory bodies. They oversee allocations and are required to follow robust complaint procedures.
Complaint pathways against providers
Complaints about local authority landlord services should be made directly to the relevant council. If the complaint process does not yield a satisfactory outcome, tenants are permitted to escalate the matter to the Housing Ombudsman.
Regulatory powers
Local authorities possess specific enforcement powers under housing and health and safety legislation, including formal investigations and sanctions. Investigations can lead to prosecution in the most serious cases, as well as the issuance of enforcement notices, the breach of which is a criminal offences.
Memoranda of Understanding (MoUs)
Local authorities may participate in data sharing or multi-agency responses to safety or safeguarding issues, although formal memoranda outlining these arrangements are infrequently published.
4. Health and Safety Executive (HSE)
Regulatory remit and coverage
The HSE is tasked with releasing guidance enforcing health and safety standards relevant to social housing, particularly around the fabric of premises, gas, solid fuel, electrical installations, and hot water safety.
The HSE is also the parent of the Building Safety Regulator, although this is soon due to change. The Building Safety Regulator is responsible for overseeing the safe construction and occupancy of residential buildings, particularly “higher-risk” buildings (known as HRBs).
Complaint pathways against providers
If tenants or others raise concerns about serious health and safety risks, these can be reported to the HSE, which may investigate. If breaches are suspected the HSE and the BSR can issue enforcement notices (requiring or prohibiting certain action) and can prosecute.
Regulatory powers
The HSE may issue improvement or prohibition notices, or prosecute breaches where providers fail to maintain required safety standards.
The Building Safety Regulator (BSR) can also prosecute building owners, Accountable Persons and Principle Accountable Persons for offences including non-compliance with registration requirements, obstruction of officers and providing false or misleading information. The BSR can also ask the First Tier Tribunal to make Remediation Orders and Remediation Contribution Orders, requiring a landlord to remedy and/or pay for the remediation of safety defects.
Memoranda of Understanding (MoUs)
While the principal regulators in social housing have formal memoranda of understanding, explicit MoUs involving the HSE and other bodies are rarely published. Nevertheless, such arrangements do exist in practice – particularly for the purposes of data sharing and coordinated responses to emergencies or significant safety concerns.
5. Care Quality Commission (CQC)
Regulatory remit and coverage
The CQC regulates all health and social care services in England, including care in people’s homes and care homes. While not a direct social housing regulator, their standards intersect where social housing providers also deliver care or support services.
Complaint pathways against providers
Where complaints relate to care quality or safety (rather than housing management), these may be escalated to the CQC. Registered Providers are under a duty to self-report serious incidents but service users, their families and medical services may also make reports to CQC.
Regulatory powers
The CQC can inspect, rate, and, if necessary, take enforcement action against care providers, including closure of services, deregistration of providers and prosecution.
Contact us
If you have a regulatory issue and work for a registered provider of social housing in England, or a registered social landlord in Wales, get in touch with one of our regulatory experts for a no-obligation conversation about how they may be able to support.
Written by: Matthew Burgess
