Tenant Services Authority: Guidance on the use of powers under the Housing and Regeneration Act 2008

01 May 2011

This Tennant Services Authority consultation sought views on how the social housing regulator uses, or intends to use, four specific enforcement powers.It covers the powers relating to management tender, management transfer, the appointment of an adviser to a local authority provider and the censure of a local authority employee or agent during or following an inquiry.

The ANEC response:

  • accepted that the guidance makes clear that the powers are likely to be used in circumstances where providers are failing or have failed to respond, or achieve improvement;
  • accepted that the retention of these reserve powers is necessary but identified that the application of the powers contradicts the approach to localism, undermines the ability of local authorities to determine policies locally and removes the rights of tenants to be consulted on major changes; and
  • highlighted the unacceptable nature of the proposed methodology for the use of these powers.

View the full ANEC response