• Awaab’s Law timescales for repairs consultation closes – 5 March – click here
  • Competence & Conduct Standard for SHP consultation closes – 2 April – click here

Association CEO, Nick Phillips met several of our Registered Housing Provider members to discuss our responses to these policies, which only affect Members who are Registered. There are certain principles that almost go without saying – but it is important when responding to these policies:

  • Almshouses are places where residents are safe and feel safe.
  • Almshouses residents are appointed by trustees.
  • Almshouse charities adhere to their Governing Documents and under the responsibility of trustees.

Awaab’s Law creates specific timescales for consultation and response to requests for repairs and communicating with tenants (residents) over progress of repairs. There is significant detail within the consultation proposals with crucial questions, most of which the group agreed with. The main area of concern is that under the proposals, trustees would need to start work on damp or mould within 7 days.

Given many member charities manage historic buildings, this may be unreasonable. There is a further requirement for trustees that are responsible for sending written reports, do so within 24 hours of investigation of a serious hazard. Where trustees do not have staff or there is a part-time clerk, where an issue arises, for example, on a Friday, it may just not be possible to meet these timescales. There is a phrase that is posed at the end of the proposal – such that “Should a defence of “all reasonable steps” be allowed in terms of exceeding timescales – The group thought – YES proportionate to size.

As such we would recommend our Registered Members respond to this consultation, with particular reference to the following, in relation to “Do you agree with these timescales”, as at present there is no differentiation between the working week and the weekend i.e. “working days”. These are a summary of the key questions but the detail is held in the consultation document and is worth reading.

  • Q.1,2,3 – (Members may wish to consider differentiating between Damp, Mould and Condensation and the other HHSRS hazards both in terms of severity and timescales).
  • Q.4 – Must investigate a potential hazard within 14 calendar days of notification by Tenant for all HHSRS Hazards not just Damp and Mould.
  • Q.9 – Must write to Tenants within 14 calendar days of notification of serious Hazard with written summary within 48 hours of identification.
  • Q.11 – Must begin work within 7 calendar days of report concluding.
  • Q.18 – Emergency Repairs must begin within 24 hours.
  • Q.20 – Landlord to provide alternative accommodation if timescales cannot be met.
  • Q.22– Should a defence of “all reasonable steps” be allowed in terms of exceeding timescales – (YES proportionate to size).
  • Q.24 – “Small net cost” implications of timescales. – (NO – emergency repairs at short notice cost more, especially if at weekends. Timescales do not differentiate working week to weekends or size of organization).
  • Other organisations such as the National Housing Federation and the Chartered Institute of Housing are also responding to Awaab’s Law consultation on timescales with similar concerns.

The ‘Competence and Conduct’ Qualification consultation, which is a concern to all small organisations. All housing providers that are Registered Providers (RSL) will need to have their (responsible) staff gain a grade 4 or 5 qualification that will take on average 300-360 hours work to achieve. These roles will encompass Senior Housing Executives (Strategic) and Senior Housing Managers) Management Operational) and/or include Service Providers such as agents.

Firstly the group was relieved to see that the policy has recognised that almshouses are run by volunteers and the consultation recommends that trustees of almshouse charities are exempt under Proposal 7. Yet the burden remains for clerks or whoever is acting as the responsible person in dealing with buildings and residents (in-house) or Managing Agents as “Service Providers”.

The case was made that a small charity may have a part-time clerk dealing with the residents and an external expert dealing with the buildings. As the policy is drafted and the consultation phrased, both parties would need to obtain a qualification. There is a small acknowledgement of the additional pressures for smaller charities (under 50 units), so they have 4 years for staff or consultants to become qualified or to have started the course.

Nick Phillips is meeting DLUC this week to raise these concerns before responding to the consultation. More consultations are in the progress and an update will follow via email or on our website. Do contact us with any specific concerns.

posted 1 March 2024