Tooltip Tags: England

Relevance to supported housing providers

1. One of the expectations of the Government’s Supported Housing: National Statement of Expectations (NSE) (England) is that accommodation providers must fit and test smoke and carbon monoxide alarms.

Duties under the regulations (as amended)

Smoke alarms

2. Providers must install at least one smoke alarm on every floor with living accommodation. This includes bathrooms and lavatories. Alarms must be checked on the first day of new tenancies.

Carbon monoxide alarms

3. Carbon monoxide alarms must be installed in any room used for living that contains a fixed combustion appliance, except gas cookers.

Testing and repairs

4.  Providers must repair or replace faulty alarms as soon as possible after being notified by the tenant or their representative. They must keep records of all alarm checks and tests.

Remedial notices

5. Providers must comply with any remedial notices from local authorities within 28 days, or 21 days if the notice is initially suspended.

Access for Installation

6. If providers fail to install alarms, local authorities can arrange for alarms to be fitted after giving 48 hours’ notice. Providers must provide access.

Exemptions

7. Supported housing is exempt if it qualifies as a refuge, care home or healthcare premises. Sheltered accommodation is only exempt if it is a regulated care home. Most supported housing will have to comply.

8. So in summary, unless specifically exempt, providers of supported housing must install, maintain and test smoke and carbon monoxide alarms as required, provide access to local authorities if needed, and comply with any enforcement action.

Sources

Category	Details
Legislation	Smoke and Carbon Monoxide Alarm (England) Regulations 2015 No 1693
Enabling Act	Energy Act 2013
Recent Main Amending Legislation	Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 No 707
Latest Guidance	Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for landlords and tenants, Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022: guidance for local authorities

 

Introduction

1. The National Housing Federation (NHF) is a trade association for housing associations in England.¹‘National Housing Federation’ (National Housing Federation),  accessed 9 August 2023

Members

2. In August 2023 nearly 600 organisations were identified as members of the NHF. ²‘NHF Members’ (National Housing Federation), accessed 9 August 2023

Vision

3. It says that its vision is  “a country where everyone can live in a good quality home they can afford.”³‘Quality of Homes’ (National Housing Federation), accessed 9 August 2023

Activities

4. The NHF:

1. represents and advocates for its members at the national and local level, influencing government policies and regulations that affect the housing sector; 
2. provides information, advice, and guidance to its members on various topics such as finance, governance, development, and customer service; 
3. organises events, conferences, and training opportunities for its members to network, learn, and share best practices; 
4. conducts research and analysis on the housing market, the needs of different communities, and the impact of housing associations; and
5. promotes the work and achievements of housing associations to the public, the media, and other stakeholders.

Introduction

1. The Supported Housing Programme Board is a coordinating body created to address England’s complex and dispersed responsibilities for supported housing.¹NAO, 10 May 2023,  ‘Investigation into Supported Housing’, HC 1318

Purpose

2. The Board was set up with the intention of coordinating different Government Departments and their approach to the various issues pertaining to supported housing.

3.  It aims to streamline communication and cooperation between the three central government departments involved in this area.

Composition

4. The Board includes representatives from: 

1. The Department for Work & Pensions (DWP) – charged with the creation of housing benefit policies. Housing Benefit is crucial in helping those on low income or who are unable to work to afford housing.
2. The Department for Levelling Up, Housing & Communities (DLUHC) – is tasked with overseeing the supply and quality of supported housing in England. This department ensures that there are enough housing options available and that these options meet certain standards.
3. the Department of Health & Social Care (DHSC).

5. The Board is jointly chaired by directors from the three departments.²‘Report by the Comptroller and Auditor General Investigation into Supported Housing (HC 1318)’ 

6. The fact that the DHSC is a partner enables the Board to look at overlaps between care and support to ensure that people’s needs are met in full.³‘Report by the Comptroller and Auditor General Investigation into Supported Housing (HC 1318)’ 

Collaboration and oversight

7. While the roles of these departments are distinct, they are highly interdependent, and the successful operation of the supported housing system relies on their effective collaboration.

8. The Supported Housing Programme Board is designed to facilitate this, helping to align policies and practices across these departments, and thereby improving the supply, quality, and value for money of supported housing in England.

9. Additionally, the Supported Housing Programme Board may act as a central hub for the involvement of other governmental organisations, like the Department for Education in the case of young people leaving the care system, and local authorities who manage Housing Benefit claims from residents in supported housing.

10. The Board has been overseeing ongoing reforms, ensuring their effectiveness, and testing implementation strategies from the perspective of each Department.

Monitoring role

11. The Board monitors current situations and developments in supported housing, functioning as a joint programme of work.

12. It holds monthly meetings.

Ownership & forward-driving role

13. The Board is responsible for work relating to the Supported Housing (Regulatory Oversight) Act 2023 and for building upon past work on supported housing, including:

1. the Supported Housing Improvement Programme (SHIP) and
2. pilots run for the purpose of collecting information to improve the quality of supported housing.

14. The Board has a clear programme of work ahead of it and is focused on the quality of supported housing, as specified in its terms of reference.

15. The Board ‘owns’ this programme of work and drives it forward.

Martin Ward: 25 July 2023

1. The Affordable Homes Programme run by Homes England offers grant funding to assist with the capital costs of creating affordable housing options for rent or purchase.

Housing affordability crisis

2. The housing affordability crisis in the country has resulted in many households being unable to afford adequate housing, with 60% of those wanting to buy a home lacking the savings for a deposit. Additionally, a large number of households in the private rental sector are on housing benefits or waiting lists for affordable housing.

The AHP 2021-2026  programme

3. The AHP 2021-2026  programme aims at addressing the shortage of affordable housing in England. The program provides funding to boost the construction of new homes.

4. The program for the years 2021-2026 is making £7.39 billion available starting April 2021 to provide up to 130,000 affordable homes by March 2026, – in areas outside of London.

Homes for rent

5. The funded homes for rent fall into two categories:

1. Social Rent – rented at below market value by a registered provider, with the rent determined by a formula based on local property values and earnings; and
2. Affordable Rent -also rented at below market value by a registered provider, but with a rent (including service charge) set at up to 80% of local market rent for a similar home.

Home ownership

6. The funding for home ownership is for: 

1. Shared Ownership,
2. Home Ownership for people with Long-term Disabilities (HOLD),
3. Older Persons Shared Ownership (OPSO), and
4. Rent to Buy.

Supported housing

7. 10% of the homes delivered through the program are expected to be for supported housing. This refers to any housing scheme where accommodation is provided alongside care, support, or supervision to assist individuals in living as independently as possible in the community.

8. These homes can be developed through both new construction and repurposing/improvement of existing homes, with a Capital Funding Guide identifying the specific types of homes and target groups.¹‘Capital Funding Guide – 3. Specialist Homes – Guidance – GOV.UK’,  accessed 14 January 2023  

Changes to the  AHP 2021-2026 compared to its predecessor

9. The AHP 2021-2026 has several changes compared to its predecessor, the AHP 2016-2023.²Milcheva S and others, August 2022, ‘Scoping Report for the Evaluation of the Affordable Homes Programme 2021-2026’

10. One of the key differences is the inclusion of a new model of Shared Ownership, which allows buyers to purchase a smaller initial share of the property and increase their ownership in smaller increments.³Milcheva S and others, August 2022, ‘Scoping Report for the Evaluation of the Affordable Homes Programme 2021-2026’

11. Additionally, most social and affordable rental units are now attached with a Right to Shared Ownership (RTSO) as a grant condition. The RTSO program is aimed at helping sub-market tenants become homeowners by allowing them to accumulate equity in their rental units.⁴Milcheva S and others, August 2022, ‘Scoping Report for the Evaluation of the Affordable Homes Programme 2021-2026’

12. The new elements of the AHP 2021-2026 also include:⁵Milcheva S and others, August 2022, ‘Scoping Report for the Evaluation of the Affordable Homes Programme 2021-2026’

1. more defined targets for supported housing delivery,
2. increased focus on modern methods of construction,
3. rural housing,
4. design,
5. quality of delivery, and
6. engagement with small and medium-sized enterprises and smaller housing associations.

Purpose

1. The Bill aims to establish minimum standards for the support and accommodation provided in supported exempt accommodation in England. 

2. This overview is based on the sources identified in the table below. 

Government support for the Bill

3. The Department for Levelling Up, Housing and Communities has stated its support for the Bill, saying that they are collaborating with Bob Blackman MP on his Private Members’ Bill to create “tough new laws”. ¹‘Time’s up for Rogue Landlords Who Are Failing Vulnerable Residents’ (GOV.UK), accessed 15 November 2022

Provisions – Overview

4. The Bill provides for local housing authority oversight of the provision of supported exempt accommodation. And contains enforcement powers to ensure compliance. The main provisions of the Bill are set out below. 

Local supported housing strategies – clause 2

5. The Bill requires local housing authorities to:

1. regularly review supported exempt accommodation in their area; and
2. publish a “supported housing strategy” on a five-year cycle.

6. The social services authority must provide assistance to the local housing authority (where it is a different authority) if reasonably required to do so.

7. The Secretary of State has the power to set a deadline in regulations for local housing authorities to comply with this requirement.

8. The “supported housing strategy” must include the local housing authority’s assessment of:

1. the level of provision of supported exempt accommodation in its area;
2. the projected need for it in the next five years – beginning with the date on which the strategy is published.

9. The Secretary of State also has the power to require additional information to be included in the strategy.

10. Both the local housing authority and the social services authority must have regard to the supported housing strategy in the carrying out of their functions. 

11. The Secretary of State may provide guidance to local housing authorities and social services authorities regarding the formation of these strategies. 

National Supported Housing Standards – clause 3

12. The Secretary of State may prepare and publish national standards for supported exempt accommodation in England, known as National Supported Housing Standards. These standards can cover any aspect of the provision of supported exempt accommodation.

13. National Supported Housing Standards may set minimum standards for: 

1. the type or condition of premises used for the provision of supported exempt accommodation; or 
2. the care, support or supervision provided at such accommodation.

14. The Secretary of State is responsible for regularly reviewing and updating these standards as necessary. 

15. The proposed licensing regulations will be used to enforce the National Supported Housing Standards. The licensing regulations must be made to ensure that the National Supported Housing Standards are met. 

Licensing regulations – clause 4

16.  In summary, the Secretary of State is given the power to create “licensing regulations” for supported exempt accommodation, with the aim of ensuring that National Supported Housing Standards are met. The local housing authority (“the licensing authority”) is responsible for granting licenses in a designated district, and the Secretary of State has the power to designate every local housing authority district in England.

17.  The Secretary of State may create regulations requiring a person controlling or managing supported exempt accommodation, located in a designated district, to obtain and comply with a license granted by the local housing authority (subsection 1 & 3)).

18. If the power has not been exercised within one year from the day the Act is passed, the Secretary of State must publish a report outlining the progress made towards doing so (subsection 2). 

19. The licensing regulations: 

1. must allow local housing authorities to designate their districts for the purpose of the regulations;  and
2. may include provisions requiring a local authority to designate its district if specified conditions are met.

20. Additionally, the Secretary of State can designate or revoke the designation of a local housing authority’s district for the purposes of the regulations (subsection 4)

21. The Secretary of State may designate every local housing authority district in England (subsection 5).

22. The licensing regulations must be created to ensure that National Supported Housing Standards, if any, are met (subsection 6).

23. A statutory instrument containing regulations under this section cannot be made unless a draft of the instrument has been laid before and approved by both Houses of Parliament (subsection 7)

Further provision about licensing regulations – clause 5

24. Licensing regulations may include:

1. how an application for a licence is to be made, and the circumstances in which a licence may be granted, varied or revoked; this includes: 
   1. provision for refusal unless the licensing authority is satisfied that the applicant is a fit and proper person and provision for a licence to be revoked if the authority is no longer satisfied
2. the conditions that may be attached to a licence including: 
   1. conditions relating to the standard of accommodation, 
   2. conditions relating to the use of accommodation,
   3. conditions requiring the carrying out of assessments of the needs of residents (or potential residents) and relating to the conduct of such assessments,
   4. conditions relating to the provision of care, support or supervision, 
   5. conditions requiring compliance with National Supported Housing Standards, 
3. provision about the enforcement of the regulations and of the conditions attached to licences, including provisions creating criminal offences punishable with a fine; banning orders, an entry on the database of rogue landlords and rent repayment orders; 
4. provision about other consequences of compliance or non-compliance with the regulations or with conditions attached to licences; including removing or restricting entitlement to housing benefit and limiting the rent that may be determined (section 14 of the Housing Act 1988 (determination of rent by tribunal); 
5. provision requiring or permitting the licensing authority to charge fees sufficient to meet the costs of performing any of the authority’s regulatory functions;
6. provision about appeals against licensing decisions;
7. other provisions like those relating to the licensing of houses in multiple occupation) (Part 2 of the Housing Act 2004) or the licensing of other residential accommodation (Part 3 of the Housing Act 2004). 

Consultation on licensing regulations – clause 6

25. Before making licensing regulations the Secretary of State must consult:

1. each local housing authority in England,
2. each social services authority in England,
3. the National Housing Federation, and
4. the Regulator for Social Housing.

Local housing authority functions – clause 7

26. In exercising its licensing functions the local housing authority must have regard to: 

1. the National Supported Housing Standards; and
2. any guidance issued by the Secretary of State. 

Planning – should exempt accommodation be a use class – clause 8

27. Clause 8 of the Bill addresses the question of whether supported exempt accommodation should be considered a use class for planning purposes. 

28. The Secretary of State is required to conduct an evaluation, after a specified period of time, of the impact of the initial licensing regulations on the type and condition of the premises used and the care, support, and supervision provided at supported exempt accommodation.

29. Based on this review, the Secretary of State must consider whether to classify supported exempt accommodation as a use class (s. 55(2)(f) of the Town and Country Planning Act 1990).

Not intentionally homeless – if leaving poor supported exempt accommodation – clause 9

30. Clause 9 of the Bill aims to prevent individuals from being classified as intentionally homeless(for the purposes of s. 191 of the Housing Act 1996) when they leave supported exempt accommodation due to: 

1. poor living conditions, or
2. inadequate care, support, or supervision. 

31. This applies specifically when the accommodation or provided care, support, or supervision does not meet the National Supported Housing Standards established by the Secretary of State. 

Sharing and use of information relating to supported exempt accommodation – clause 10

32. The Bill provides for the sharing of information relating to supported exempt accommodation between: 

1. a local housing authority in England; 
2. a registered provider of social housing in England; 
3. the Regulator of Social Housing; and 
4. the Secretary of State. 

33. The Bill also provides for the use of this information by the local housing authority for: 

1. any purpose connected with the exercise of any of the authority’s
   functions relating to supported exempt accommodation; or
2. to investigate whether any offence has been committed under the Act. 

Supported Housing Advisory Panel – clause 1

34. The Bill requires the Secretary of State to establish a Supported Housing Advisory Panel within one year of the Act being passed. This panel will provide guidance and recommendations regarding supported exempt accommodation.

Meaning of “supported exempt accommodation” – clause 12

35. The target of the bill is:  “supported exempt accommodation” (cl. 12(1)). This is: 

1. accommodation within cl 12(2),
2. managed properties in England,
3. refuges in England, or
4. local authority hostels in England

36. Essentially this is what would be classed for housing benefit purposes as: 

1. exempt accommodation (in England) (cl. 12(2); and
2. other specified accommodation (in England) (cl 12(3)-(5) – but for these purposes regardless of the age of any resident. 

37. Cl. 12(2) refers to: accommodation in England which is:

1. a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to s 30 of the Jobseekers Act 1995 (grants for resettlement places); or
2. provided by:
   1. a non-metropolitan county council in England,
   2. a housing association,
   3. a registered charity, or
   4. a voluntary organisation,

where that body, or a person acting on its behalf, also provides a person resident in the accommodation with care, support or supervision.

38. A “managed property” is accommodation-

1. provided by:
   1. a council for a county in England for each part of whose area  there is a district council,
   2. a housing association,
   3. a registered charity, or
   4. a voluntary organisation;
2. into which a person has been admitted in order to meet a need for care, support or supervision, and
3. where that person receives care, support or supervision.

39. A “refuge” is accommodation which – 

1. is provided by one of the above providers or an authority administering HB to someone because they have left their home as a result of domestic violence, and
2. consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

40. A “local authority hostel” is accommodation—

1. which would be a hostel for UC purposes (29(10) of sch 4 to the Universal Credit Regulations 2013 No 376) but for it being owned or managed by an authority administering HB, and
2. where a person resident in the accommodation receives care, support
   or supervision.

Passage through Parliament

 

Martin Ward: 4 April 2023

1. Boards of registered providers are expected to manage the risks that their organisations are exposed to.

2. The English Regulator of Social Housing publishes an annual risk profile. ¹‘Sector Risk Profiles’ (GOV.UK), accessed 21 October 2022

3. The risk profile sets out: 

1. the main risks facing the social housing sector,  and
2. some of the actions registered providers should be taking to manage those risks. 

4. Sometimes it also publishes an addendum to the Sector risk profile that supplements or expands upon a point in the annual risk profile.²See for example ‘Lease-Based Providers of Specialised Supported Housing’ (GOV.UK) ,  accessed 21 October 2022 and ‘Setting Rents for Social Housing’ (GOV.UK), accessed 21 October 2022 

Definition

1. “Supported living” is defined by the Care Quality Commission as: 

1. schemes that provide “personal care” to people as part
   of the support they need to live in their own homes; 
2. where that “personal care” is provided under separate contractual arrangements to those for the person’s housing.¹Care Quality Commission, October 2015, Housing with care – Guidance on regulated activities for providers of supported living and
   extra care housing, Glossary of key terms, p 2

2. The accommodation is often shared but can be a single household. 

3. “Supported living” providers that do not provide the regulated activity ‘personal care’ are not required by law to register with the CQC.

Meaning of “personal care”

4. The term  “personal care” in this context is that provided:

1. for someone who is unable to provide it for themself by reason of:
   1. old age,
   2. illness, or
   3. disability, and
2. which is provided in a place where that person is living at the time the care is provided.²The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No 2936 Sch 1 para 1

5. “Personal care” means:³The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 No. 2936, reg 2(1) def: of “personal care”

1. physical assistance given to someone in connection with:
   1. eating or drinking (including the maintenance of established parenteral nutrition),
   2. toileting (including in relation to the process of menstruation),
   3. washing or bathing,
   4. dressing,
   5. oral care, or
   6. the care of skin, hair and nails (but not nail care provided by a  registered chiropodist or podiatrist), or
2. the prompting, together with supervision, of someone, in relation to the performance of any of the activities listed in paragraph (a), where that person is unable to make a decision for themselves in relation to performing such activity without such prompting and supervision. 

 

Publication

1. The Government published its Supported Housing National Statement of Expectations (NSE) (England) in October 2020.¹Government’s National Statement of Expectations for Supported Housing (October 2020)

Elements of vision

2. It sets out the Government’s vision for supported housing in England in terms of:

1. planning;
2. commissioning; and
3. delivery.

Target audience

3. The guidance says it is aimed at:

1. local authorities;
2. providers; and
3. other local partners.

Non-statutory guidance

4. The guidance is non-statutory. 

“Adhering to the NSE is not a statutory requirement. However, we hope that the wide range of organisations involved in the provision of supported housing will use, adopt and find these principles and examples of best practice helpful.”²Supported Housing: National Statement of Expectations’ (GOV.UK) ,   accessed 30 August 2023

What good looks like and case studies

5. The Government’s intention is that the NSE:

1. consolidates ‘what good looks like’ and
2. empower local authorities to ensure provision is good quality and value for money.

6. It also includes case studies highlighting best practice by providers and local authorities.

Map of the National Statement of Expectations

7. The following provides a “map” of the NSE in the form of a table of contents with direct links to the relevant sections. 

Checklist for accommodation providers

8. The NSE provides a checklist for accommodation providers subdivided into these six categories: 

1. Category 1: General Expectations and Suitability
2. Category 2: Accommodation Regulations and Standards
3. Category 3: Housing Facilities
4. Category 4: Housing Safety and Building Condition
5. Category 5: Tenancy and Licence Agreements
6. Category 6: Resident Communication and Engagement

9. Under each category, the checklist identifies:

1. Minimum Legal Requirements,
2. Suggested Minimum Standards, and
3. Going Further – Suggested Best Practice.

Exceptions from the Checklist

10. The Government have made it clear that the specific guidelines in the Checklist found in Appendix A of the NSE (and consequently all checklists produced by councils based on it) do not apply to certain types of supported housing scheme. This will be most obviously true of non-commissioned, short-term supported housing, often on a licence:³‘Supported Housing: National Statement of Expectations’ (GOV.UK) accessed 30 August 2023

“We recognise that the supported housing sector is extremely diverse and serves a wide range of client groups with a variety of needs and requirements. This checklist can be considered with this in mind – discretion and common sense may be exercised where a guideline should not apply for a certain group or type of supported housing scheme.”

11. For example, where there is a specific reference to a tenancy or landlord-tenant law, the stated proposition does not apply to a licence. Also, guidelines for medium and long term permanent supported accommodation may not be appropriate for short-term accommodation.

12. “Common sense” needs to prevail. In some cases the essence of the non-applicable guidelines may nevertheless be translatable into equivalent or similar practices for other types of accommodation. 

13. As regards the repeated expression “minimum legal requirements” in the Checklist, it will only apply to groups or types of supported housing that are covered by the legislation that is being cited. Hence for certain groups, types or schemes, the identified “minimum legal requirements” are not applicable. A misunderstanding here can give rise to false liabilities at worst and the creation of aspirational targets at best.

Category 1: General Expectations and Suitability

1.1 Minimum Legal Requirements

1. Ensure accommodation is safe and well maintained, Landlord and Tenant Act 1985, s 9A – 11
2. Ensure accommodation is fit for human habitation,
3. Ensure accommodation is free of hazards that poses a risk of harm to the health or safety of the occupiers.
4. Ensure the structure and exterior of the property is kept in repair.
5. Ensure the installations which provide water, gas, electricity, sanitation, heating and hot water, in proper working order.
6. Adhere to standards set by support commissioners for commissioned support.

1.2 Suggested Minimum Standards

1. Housing is accessible, suitably located and meets the needs of residents including health, care and support needs..
2. Accommodation is assessed for suitability in meeting the needs of the specific vulnerable residents being accommodated.
3. The individual’s views and aspirations are sought and considered in the assessment.
4. Staff demonstrate an understanding of supported housing services
5. Staff are provided with comprehensive training, with regular refreshers on key issues.
6. Staff are provided with appropriate learning and development opportunities for their role.
7. Staff develop competencies relating to safeguarding, equalities and building safety.
8. Staff are supported to acquire appropriate qualifications, where relevant.
9. All staff are suitably qualified or trained.
10. Staff and residents are considerate of neighbours –
11. External areas are kept clean and safe.
12. Measures are in place to prevent and manage any anti-social behaviour

1.3 Going Further – Suggested Best Practice

1. Accommodation is near amenities and transport.
2. There are efforts to engage the local community.
3. Empower residents to engage with neighbours and the local community.

Category 2: Accommodation Regulations and Standards

2.1 Minimum Legal Requirements

1. The buildings comply with local council standards, fire safety regulations, and wider applicable housing legislation.
2. Check and maintain gas safety (Gas Safety (Installation and Use) Regulations 1998).
3. Ensure that furniture and furnishings are fire-safe (Furniture and Furnishings (Fire) (Safety) Regulations 1988).
4. Fit smoke and carbon monoxide alarms  (The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 No 1693).
5. Provide an Energy Performance Certificate  (Energy Performance of Buildings (England and Wales) Regulations 2012 No 3118).
6. Provide a copy of the “How to rent: the checklist for renting in England” guide.
7. Buildings comply with relevant accessibility regulations, including on accessible and adaptable dwellings (Access to and use of buildings: Approved Document M, vol. 1 and 2).
8. Accommodation is free from serious hazards as assessed by the Housing Health and Safety Rating System.
9. Comply with House in Multiple Occupation management duties and licenses property if necessary.
10. Meet the standards in the ‘Decent Homes Standard’ if registered with the Regulator for Social Housing.

2.2 Suggested Minimum Standards

1. Meet the standards in the ‘Decent Homes Standard’, even if not registered with the Regulator of Social Housing.
2. Buildings are energy efficient – work towards a minimum target of Band C of the Energy Performance Certificate.
3. Provide an Electrical Installation Condition Report (EICR) ensuring remedial works or further investigative works are carried out to remedy any ‘C1’, ‘C2’ or ‘FI’ classifications.

2.3 Going Further – Suggested Best Practice

1. Comply with House in Multiple Occupation management duties and licensing standards even where exempt from licensing.
2. Comply with the Code for Sustainable Homes and Secured by Design.
3. Comply with Housing our Ageing Population Panel for Innovation (HAPPI) design principles and
4. Where appropriate for the client group, the scheme is designed and developed in line with Psychologically Informed Environment principles.

Category 3: Housing Facilities

3.1 Minimum Legal Requirements

1. Properties are the appropriate size for the number of occupiers (Housing Act 1985, Part X; Housing Act 2004, Part 1 and 2).
2. Make reasonable adjustments to meet residents’ needs.

3.2 Suggested Minimum Standards

1. There are an adequate number of bedrooms.
2. Except in emergency or short-term accommodation, unrelated adults are not expected to share bedrooms.
3. Living space for daily activities is appropriate for the size of the household.
4. There is common space such as community rooms.
5. The accommodation provides residents with privacy and dignity.
6. Storage is provided to keep residents’ personal belongings safe.

3.3 Going Further – Suggested Best Practice

1. Accommodation is welcoming and feels like a home.
2. Residents are consulted on changes to their spaces such as redecoration or use of communal areas.
3. Care is taken to consider additional facilities or spaces which can improve outcomes (e.g. communal areas or private spaces for meetings with support workers).
4. Clear signage where needed.

Category 4: Housing Safety and Building Condition

4.1 Minimum Legal Requirements

1. Buildings are fit for human habitation (Homes (Fitness for Human Habitation) Act 2018) with no hazards.
2. Comply with relevant legislation on building maintenance and condition.
3. Policies and procedures in place for risks related to fire, asbestos and Legionella.

4.2 Suggested Minimum Standards

1. Buildings are well maintained with all amenities in good working order.
2. Room temperatures are adjustable.
3. There are clear procedures for residents to report issues.
4. Maintenance problems are addressed and fixed in a timely and responsive manner.
5. All repairs are followed up.
6. There are clear procedures and processes to address non-routine or emergency repairs.
7. Grounds are maintained in all seasons, with the timely removal of ice and snow.
8. Policies and procedures in place for risks including electrical safety and emergency planning.
9. Follow Public Health England guidance for supported living settings.
10. Accommodation is built to high accessibility standards so appropriate additional adaptations are easy and affordable to install. This can include, as needed,
    1. functioning alarm points, e.g. call bells, which are tested and maintained regularly;
    2. grab rails in bathrooms, showers and toilets and anti-scalding controls, for example in accommodation for older people or people with learning difficulties.
11. There are closed containers for the disposal of sharp objects.
12. Trip hazards are managed – all stairways and halls are lit adequately, with handrails and non-slip rugs where needed.
13. Windows are fitted with plastic or safety glass (even where not required by building codes).

4.3 Going Further – Suggested Best Practice

1. A planned programme is in place to minimise preventable deterioration.
2. There is a preventative maintenance and repair programme and schedule with regular inspections to check building and equipment conditions and to ensure repairs and servicing takes place.
3. Timescales for non-emergency repairs may be agreed upon with residents.
4. Regular inspections of property units to identify problem areas in safety and security.
5. Housing staff inspect property units whenever a new resident moves in, and at least annually
6. Each property has a safety plan.
7. Residents are engaged on issues related to safety through existing or dedicated committees including residents, housing and support staff.

Category 5: Tenancy and Licence Agreements

5.1 Minimum Legal Requirements

1. All housing-related fees are listed including tenancy fees, deposits, management fees and service charges (Landlord and Tenant Act 1985).
2. Tenants are not evicted without proper procedure or legal proceedings.
3. Residents are never to be charged for normal wear and tear.
4. Residents may be charged where the tenant has caused extensive damage to a unit.
5. Costs for rent and eligible services charges are transparent and reasonable.

5.2 Suggested Minimum Standards

1. Residents have the most secure form of tenancy compatible with the purpose of the housing and the client’s needs and circumstances.
2. Terms of tenancies and licences are fair and transparent and take into account the housing needs and aspirations of residents.
3. Residents’ rights, choices and control over their homes are respected while taking into account the needs of other residents and any access rights which may be required.
4. Records are kept for each resident relating to housing fees, their deposit, rent arrears, any accommodation issues, and notes on any proposed eviction or transfer.
5. There are clear procedures which set out the circumstances when the person can be moved on, e.g. if their care needs change
6. There are clear procedures for eviction, with a focus on working with the individual to avoid or prevent eviction where possible. Providers work to find solutions to sustain accommodation.

5.3 Going Further – Suggested Best Practice

1. All residents are helped by housing staff to understand their rights and responsibilities.
2. Housing staff assist residents with managing rental payments and rent arrears.
3. Procedures are in place to prevent the need for eviction.

Category 6: Resident Communication and Engagement

6.1 Minimum Legal Requirements

1. In HMOs, name and contact details of the landlord must be made available to residents and clearly displayed  (The Management of Houses in Multiple Occupation (England) Regulations 2006).

6.2 Suggested Minimum Standards

1. Communication is clear and appropriate.
2. Name and contact details of the landlord are made available to residents and clearly displayed.
3. Clear information is provided on how rent and service charges are set.
4. House rules are in place which respect residents’ rights and independence.
5. The rules are developed with input from residents where possible.
6. Protections are in place to protect residents from anti-social behaviour from other residents, as well as from abuse by staff or visitors.
7. Clear complaints and redress procedures are in place.

6.3 Going Further – Suggested Best Practice

1. 1. Staff actively seek resident feedback on the housing and housing services, ideally through a range of methods such as informal chats, meetings, surveys and suggestion boxes.
   2. Prospective residents are provided with an information pack including
      1. information on all rents and service charges, including notice periods for increases, and
      2. procedures for complaints and redress and dispute resolution.
      3. The pack could also list all routines and house rules.
   3. All written material for residents is in plain English and staff are able to help explain if needed.
   4. Assistance for residents whose first language is not English or who have limited understanding.
   5. Prospective and new residents are shown around and orientated on their first arrival.
   6. A nominated person  (e.g. family member) is able to be appointed to assist with all accommodation issues.