My latest blog looks at the impact of Birmingham City Council’s financial collapse on tenants and leaseholders: unsafe homes, service charges paid but not delivered, and basic safety concerns that remain unanswered.

At the same time, the Regulator of Social Housing now has stronger powers under the 2023 Act — including Ofsted-style inspections and unlimited fines. So why hasn’t it stepped in? Where is the governance rating for Birmingham City Council? Where is the scrutiny and accountability?

If Birmingham City Council cannot keep its own housing stock warm, safe, and dry, how can it credibly enforce those same standards on private landlords? And if the Regulator of Social Housing does not act, then what protection do residents really have?

Right to Reply

A spokesperson for the Regulator of Social Housing said

“We published a regulatory notice for Birmingham City Council in May 2023, which identified a number of issues including health and safety, homes not meeting the Decent Homes Standard, complaints handling and tenants not being treated with fairness and respect. We are continuing to engage with the council as it works to put things right for tenants.

“All social landlords have a responsibility to ensure they meet all the outcomes of our standards. This is vital for making sure tenants have a safe, decent place to live.”

1. Local authorities must meet RSH’s consumer standards. The economic standards do not apply to local authorities. This means that although we will engage intensively with a landlord with serious failures, we have no remit over local authorities’ financial viability or funding decisions.
2. On 1 April 2024 RSH introduced new consumer standards for social housing landlords, designed to drive long-term improvements in the sector. It also began a programme of landlord inspections. The changes are a result of the Social Housing Regulation Act 2023 and include stronger powers to hold landlords to account. More information about RSH’s approach is available in its document Reshaping Consumer Regulation.
3. More information about RSH’s responsive engagement, programmed inspections and consumer gradings is also available on its website.
4. Service charges are governed by specific tenancy agreements and leases, as well as common law and statute in this area, including the Landlord and Tenant Act 1985, in which the definition of ‘service charge’, as distinct from ‘rent’, is linked to costs incurred (e.g. for cleaning of communal areas, or grounds maintenance).
5. Variable service charges are legally required (by the Landlord and Tenant Act 1985) to be reasonable and, where costs relate to works or services, the works or services must be of a reasonable standard.
6. RSH promotes a viable, efficient and well-governed social housing sector able to deliver more and better social homes. It does this by setting standards and carrying out robust regulation focusing on driving improvement in social landlords, including local authorities, and ensuring that housing associations are well-governed, financially viable and offer value for money. It takes appropriate action if the outcomes of the standards are not being delivered.

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