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To ask the Secretary of State for Housing, Communities and Local Government, with reference to paragraph 94 of the Social Housing Green Paper and paragraph 19 of the Review of Social Housing Regulation call for evidence, whether the proposals for changes to the threshold of the serious detriment test used in the consumer home standard would require the introduction of new legislation.
Under section 198A(2) of the Housing and Regeneration Act 2008, the Regulator may only intervene in the breach of consumer standards if there is or may be a “serious detriment” to existing or potential tenants. The Regulator of Social Housing has published guidance on how it assesses compliance the regulatory standards, which may be found at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/698332/Regulating_the_Standards_April_2018.pdf.
As part of the review of social housing regulation we will consider whether serious detriment remains the right threshold for intervention, and any change to this threshold will require amendment to primary legislation.