'No Access' Policy
4 Regulatory standards, legislation and approved codes of practice
4.1 Regulatory Standards (opens new window) - we must ensure we comply with the Regulator of Social Housing's regulatory framework and consumer standards for social housing in England. The new consumer standards were introduced as part of the Social Housing (Regulation) Act which came into effect from 1st April 2024. All social landlords are required to comply with the four consumer standards, including:
- The Safety and Quality Standard (opens new window)- which requires landlords to provide safe and good quality homes and landlord services to tenants. This includes stock quality, decency, health and safety, repairs, maintenance, and planned improvements; and adaptations.
4.2 The Social Housing Regulations Act 2023 (opens new window) will change the way social housing is regulated and may result in future changes to this policy.
4.3 Legislation - The principal legislation applicable to this policy is:
- Landlord and Tenant Act 1985 (Section 11) (opens new window)
- Housing Act 2004 (opens new window)
- Defective Premises Act 1972 (opens new window)
- Homes (Fitness for Human Habitation) Act 2018 (opens new window)
- The Housing Health and Safety Rating System (England) Regulations 2005 (HHSRS) (opens new window)
- The Gas Safety (Installation and Use) Regulations 1998 (opens new window)
- The Electricity at Work Regulations 1989 - HSE (opens new window)
- The Control of Asbestos Regulations 2012 (opens new window)
- The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) (opens new window)
- Building Safety Act 2022 (opens new window)
- Fire Safety Act 2021 - GOVUK (opens new window)
4.4 Additional legislation - this policy also operates within the context of additional legislation (see Appendix 1).
4.5 Sanctions - the council acknowledges and accepts its responsibilities in accordance with the regulatory standards, legislation and approved codes of practice and that failure to discharge these responsibilities properly could lead to a range of sanctions including prosecution by the Health and Safety Executive (HSE) under the Health and Safety at Work etc. Act 1974 (opens new window), prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 (opens new window), prosecution under any of the principal legislation listed in Section 4.2, and via a regulatory notice from the Regulator of Social Housing (RSH).
4.6 Tenants and leaseholders - the council will use the legal remedies available within the terms of the tenancy agreement, lease or licence should any tenant refuse access to carry out essential electrical safety checks, maintenance and safety related repair works.
4.7 This policy should be read and delivered in conjunction with the following policies and procedures:
- Corporate Complaints Policy (Social Housing)
- Damp, Mould and Condensation Policy
- Decant Policy (Housing Conditions)
- Disrepair Policy (still being finalised)
- Electrical Safety Policy
- Gas and Heating Policy
- Repairs and Maintenance Policy
- Tenancy Agreement / Lease Agreement
- Reasonable Adjustments Policy (being developed)