Social tenants and access to information

The Department for Levelling Up, Housing and Communities released its much-awaited consultation on Social Tenant Access to Information Requirements (STAIRS) on 20 May. The consultation closes on 15 July 2024. Hugo Stephens and Caroline Leviss look at the key points.

It currently feels like you cannot blink without new regulations being proposed or introduced, and this consultation, like others, proposes a raft of new, wide-ranging obligations on registered providers (RPs) and gives tenants further rights. 

RPs should therefore be familiarising themselves with the proposed STAIRS now, in preparation for the new regulations coming into force.

What is the aim of STAIRS?

STAIRS will form part of the consumer standards and will require RPs to provide their social housing tenants with information relating (but not limited) to the management of the social housing that they hold. 

The aim of STAIRS is to ensure that:

• RPs are open with their tenants;
• tenants can access the information they need about their housing; and
• tenants are empowered so that they can hold their landlords to account.

STAIRS can be read in conjunction with the Transparency, Influence and Accountability Standard (TIAS) as they are closely interlinked in their key aims and requirements.

What is proposed?

Under STAIRS it is proposed that:

• RPs must pro-actively publish certain classes of information; and
• RPs must provide detailed information available to their tenants or their representatives (such as their solicitors) on request.

Publication scheme

The draft policy statement sets out a table of information which RPs will need to review to identify which information they hold. They then must proactively publish this information or make it available as a matter of routine. This list of information includes, by way of example:

• names of senior members of staff, roles and organisation structure;
• outcomes of inspections;
• complaint metrics.

RPs also need to make tenants aware that this information is available. It is worth bearing in mind the requirement to consider the diverse needs of the RPs’ tenants as required under the TIAS when implementing this.

Relevant information

This relates to information about the management of the RP and may include details of policies, plans and actions in respect of that information. There is an extensive list of examples, which includes: 

• 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.

RPs must let tenants know their policy in respect of requesting and providing information. An information request can be made by tenants or by their designated representative and an RP must normally respond to that request within 30 calendar days of receipt.

It is worth noting that the list provided in the draft policy statement just contains examples. If an RP receives an information request that relates to a subject matter outside of the examples, it is therefore not currently clear whether this information should be provided. It is recommended at this stage to release the information unless it falls within one of the grounds for refusing an information request.

What should RPs be doing?

RPs firstly need to read through and understand the proposed new requirements.

In relation to the publication scheme requirements, it is recommended RPs start putting these into place now, so that there is no or little panic when the regulations come into force. 

For information request requirements, RPs should start reviewing their policies and procedures and be ready to provide staff training once they come into force. When an information request is refused, then a clear record as to why the RP came to that decision should be kept as this will be needed for any resulting complaints to the Housing Ombudsman. 

Hugo Stephens is a consultant and Caroline Leviss is a Senior Associate at Penningtons Manches Cooper.