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Telling the TSA what to do


The Government in the form of the DCLG has issued its response to consultation on the directions it is to give the Tenant Services Authority under s.197 Housing and Regeneration Act 2008 and also the directions on regulatory standards themselves. The directions for social housing relate to rent, quality of accommodation and involvement of tenants in management of housing. The paper and directions are here [link to PDF]. The directions start at page 22 of the pdf.

It might be worth noting the following in the directions:

Quality of accommodation
2.—(1) The TSA shall set a standard relating to the quality of accommodation (“the Quality of Accommodation Standard”).
(2) In setting the Quality of Accommodation Standard, the TSA shall have regard to the Decent Homes Guidance.
(3) The TSA shall set the Quality of Accommodation Standard with a view to achieving the following, so far as possible—
(a) that, by the date referred to in paragraph (4), the accommodation—
(i) contains no category 1 hazard,
(ii) is in a reasonable state of repair,
(iii) has reasonably modern facilities and services, and
(iv) includes facilities or services for the provision of a reasonable level of thermal comfort,
(b) that, when the accommodation has reached the standard set out in the Decent Homes Guidance, the registered provider maintains it at that standard.
(4) The date mentioned in paragraph (3) is 31st December 2010 or, where it is reasonable for a registered provider to have an extension to this date, such later date as the TSA may agree with the provider.

That is, of course, ‘so far as possible’.

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.


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