Briefing: Future of housing association rents. Task and finish group report. 15 May 2018

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1 Briefing: Future of housing association rents Task and finish group report 15 May 2018 Summary of key points: Greater short-term certainty over rental income is welcome, but a long-term, sustainable solution for housing association rents remains an important objective. This solution must: Support effective business planning and long-term investment in existing and new housing stock Be rooted in a robust approach to affordability for new and existing tenants Demonstrate transparency and accountability to key stakeholders National Housing Federation Lion Court 25 Procter Street London, WC1V 6NY Tel Fax info@housing.org.uk Registered Office: Lion Court, 25 Procter Street, London WC1V 6NY National Housing Federation Limited, trading as National Housing Federation A company with limited liability Registered in England No

2 1. Introduction During 2017, the National Housing Federation worked with housing associations and other sector stakeholders to explore and interrogate possible future approaches to rent setting in social housing in England. The primary mechanism for carrying out this work was a task and finish group consisting of 16 housing associations from across the sector. This paper is the final report of the task and finish group and is intended to capture the work completed to date and describe a proposal for future rent-setting policy which recognises the housing association sector s independence, respects its diversity and supports its ambition. The proposal described in this paper is a long-term ambition and would require significant further work to become a reality. The task and finish group and the Federation welcome the short-term certainty provided by the Prime Minister s announcement of a return to maximum annual rent increases of CPI+1% from However, we are clear that the work done with housing associations and other housing bodies and representative groups has generated important and valuable debate, and that in the long term a different policy framework is required. It is our hope that this paper advances the debate and provides the foundations for further exploration and collaboration in the future. 2. Summary 2.1 Housing associations and rental income Housing associations are independent, mainly charitable, organisations driven by social purpose and public benefit. Their shared Ambition to Deliver captures the scale of the sector s impact and the common desire to push boundaries and maximise resources in order to do more in the future. The financial foundation of this vision is rental 1 income generated from sub-market rented housing. This income supports day-to-day housing management and repairs costs and represents a stable long-term revenue stream against which housing associations can leverage significant private finance. The sector s ability to realise this ambition and contribute even more to meeting the nation s housing need was significantly curtailed by the previous uncertainty over rent policy post-2020, and ongoing reforms to welfare eligibility and entitlements. It is therefore welcome that the Government has confirmed that rent policy will revert to CPI+1% from However, this period demonstrated the drawbacks of the existing approach to rent policy, not least the periodic uncertainty and considerable financial risk. Now is therefore the time for serious consideration to be given to an alternative policy framework which could deliver better outcomes for tenants, housing associations and the Government. 2.2 Our proposal In conjunction with housing associations from across England, other representative bodies and key sector stakeholders, the task and finish group has developed an outline proposal for the future of housing association rents which we believe is exciting, ambitious and deliverable. In doing so, our proposal reflects government priorities regarding new housing supply, value for money and 1 In this document rent refers to gross rents including service charges Page 2

3 sustainable and inclusive economic growth. It also places the interests of tenants front and centre by reimagining the concepts of affordability, transparency and accountability. In the first instance our proposal relates specifically to general needs rented housing. We have taken this decision because the future funding of supported and sheltered housing is an area of ongoing priority for the sector, with specific issues and possible solutions, which differ from general needs housing. For housing association rent policy to be effective and sustainable in the future we believe it must satisfy three criteria: 1. Housing associations will be able to plan and invest with confidence due to greater certainty and control over their core income 2. Housing association rents will be affordable for those in housing need and responsive to local markets 3. Rent setting will be transparent and accountable at a national, regional and local level. We have considered the full array of possibilities for rent setting, drawing on previous domestic policy and international examples, against these criteria and concluded that the solution which satisfies all three most persuasively is: The Government, through the Regulator of Social Housing (RSH), should adopt an outcomebased regulatory framework for rents, balancing the need to encourage investment in new homes and existing stock with a desire to control public expenditure through the welfare system and ensure rents are affordable for those in housing need. Boards, in conjunction with tenants and other stakeholders, would then be responsible for determining rent policies which satisfy the regulatory framework. We have arrived at this position because: a) boards will be able to align rent policies with other key organisational strategies in order to support coherent decision making, appropriate risk management and long-term impact b) boards will be required to define what affordability means for customers in their markets and demonstrate how their rent policy delivers against that definition c) boards will have to meet defined transparency criteria by reporting on the operation of their rent policy and will be truly accountable to stakeholders as the rent policy will be firmly their responsibility. 2.3 Policy into practice We recognise that this proposal represents a significant departure from the status quo and believe it will be essential for the sector to work in partnership with the Government to explore options for effective implementation. This offers an opportunity to build on the strong progress made in recent years, particularly regarding investment in new homes and co-regulation. It is clear that housing associations share common objectives with the Government regardless of party politics and are an integral part of ensuring positive domestic policy outcomes for the nation. This shared purpose and ambition should be reflected in future rent policy. The Government must recognise that an independent and ambitious sector with clear social purpose is best placed to determine its core income stream. To demonstrate this, the sector should voluntarily adopt the Page 3

4 transparency and accountability measures discussed in this proposal, prior to the actual introduction of a new rent framework. As demonstrated by the enthusiastic response to the Sector Scorecard initiative, housing associations are committed to building effective relationships with the Government by demonstrating their performance and value through voluntary transparency measures. The Government has announced plans for rents to increase by a maximum of CPI+1% per year from 2020 to We therefore have seven years to thoroughly design, test and implement a new rent policy framework prior to its introduction in Background 3.1 A brief history of housing association rent policy Housing association rents are currently subject to a range of historically accumulated and overlapping government policies and legislation. Any single association may currently be managing tenancies which charge Fair Rents, Formula Rents, Affordable Rents and Intermediate Rents. Each tenancy and rent type comes with specific requirements and controls regarding rent setting and uplift, and must be managed accordingly. Not only is the management of a range of rent types administratively burdensome and inefficient, it also demonstrates the unintended consequences of direct government control over housing association rents. Rental products and policies introduced within a certain context become a permanent part of the policy environment, regardless of whether they remain fit for purpose. The Regulator of Social Housing (and its predecessors, the most recent being the Homes and Communities Agency) have imposed regulatory restrictions on housing association rents since In terms of absolute rent levels, rent regulation, currently embodied in the Rent Standard, is based on formula rents (formerly target rents ). These are derived from a calculation based on levels of market rents and local earnings in the area where the property is situated, determined at the time the policy was developed, and uplifted by an inflation formula from that time to the present. The term social rent normally means a rent calculated in accordance with the Rent Standard. This remains the dominant form of rent in the sector. The relation of such a rent to the market will vary depending on the type of the property and, especially, its location. In areas where the rental market is depressed, there may be relatively little difference between social and market rents, but in London and other high-value areas, the difference is often significant. In all areas, social rents for different property types are generally very flat compared with the market: that is to say the difference in rent for large properties compared with small ones is proportionately much less. Affordable Rents, introduced in 2011 as a funding mechanism to support development, are also regulated by the Regulator of Social Housing. They are set at a maximum of 80% of the market level, and the calculation of affordable rents unlike that for most other forms of restricted rent is inclusive of service charges. The affordable rent is uplifted by an inflation formula and is subject to a full rebasing on a change of tenancy. The original setting of formula rents (then called target rents ) took place at a time of serious concern about very wide variations in rent levels set by social landlords. To work towards a more coherent pattern of rents without creating a major upheaval, it was agreed that target rents should be phased in gradually over a period of years for existing stock, with increases restricted by an inflation formula that included a special plussage if the rent was below or above target (rent convergence). Thus, social Page 4

5 rents were regulated both in terms of the absolute level of rent (i.e. the target (or formula) rent) and the increase each year (i.e. an inflation-based calculation with an additional element for rents below target). The inflation formula was modified to CPI+1% with effect from 2015 in the so-called ten-year settlement, and at the same time the plussage element was removed. The Welfare Reform and Work Act 2016 imposed, for most social rents and affordable rents, a new requirement, overriding normal rent regulation, to cut the rent by 1% in each of the four years 2016/17 through 2019/20. This policy, designed essentially to limit the Government s welfare liability, was imposed barely a year after the announcement of the supposed 10-year guarantee of CPI+1% rent increases from 2015/16 through 2024/ Problems with the status quo Housing associations are currently operating within a policy environment in which their core income is controlled by historical legislation and contemporary political decisions. For boards looking to develop coherent and effective organisational strategies in order to deliver their social mission, this presents a number of significant challenges. Unintended incentives and consequences The lack of control and certainty over future income creates an incentive for boards to maximise income in the short term. In practice, this can lead to the perverse situation whereby government rent controls lead to annual rents increasing by more than they would have if boards had been responsible for their own rent policies. We are aware of housing associations who chose not to increase rents by the maximum allowed during the previous Rent Standard (RPI+0.5%), and have subsequently been punished for their restraint by the -1% rent cut, as their rents are falling from an artificially low starting point. The status quo therefore incentivises income maximisation in the short term, due to the uncertainty surrounding rents in the longer term. Lack of flexibility Housing associations operate in diverse markets across England, meaning that property values, private sector rents, employment levels, earnings and a range of other economic indicators, vary significantly depending on location. Within this fluid and dynamic environment boards are currently unable to flex or adapt their rent policies in order to maximise impact and delivery and ensure affordability. Similarly, the previous requirement to charge Affordable Rents on new grant-funded properties, means that there are increasing numbers of rented homes built which bear no relation to local earnings. Unclear purpose The introduction of Affordable Rents has also confused the overriding purpose of rent policy in England: is it to ensure homes provided are affordable for those in need or to support the delivery of new affordable homes in the future? Relying on revenue rather than capital funding to support new development by housing associations has significantly politicised housing association rents, as stakeholders question the affordability of rents charged and the implications for housing-related welfare costs. Welfare pressures Page 5

6 Since 2010, the UK welfare system has undergone significant changes in terms of eligibility, structure and actual funds available, with more still to come through the full rollout of Universal Credit. These changes have significant implications for housing associations because of the large number of housing association tenants in receipt of housing-related welfare. Boards ability to analyse and interpret welfare changes, and adapt their rent policies accordingly in order to maintain sustainable provision, are currently very limited. This is leading to challenging decisions being made about the types of homes built and the people that can be housed in them. The -1% annual rent reduction The announcement of the -1% rent reduction in 2015 is the starkest example of the problems inherent with the status quo. Boards were required to re-write business plans, re-evaluate development programmes and growth ambitions, and reassure funders and stakeholders on long-term financial viability. Not only did the rent reduction remove circa 3.9bn in financial capacity from the sector, it also severely damaged board and funder confidence by contradicting existing government policy and creating massive uncertainty over future rent policy. 3.3 Other possible models Scotland Housing associations in Scotland are able to set their own rents within an outcome-based regulatory framework. The Scottish Government publishes a Scottish Social Housing Charter which describes the results that tenants and other customers expect landlords to achieve. The Scottish Housing Regulator (SHR) monitors, assesses and reports on the outcomes and standards in the Charter. The expected standard regarding rents and service charges is: Social landlords set rents and service charges in consultation with their tenants and other customers so that: a balance is struck between the level of services provided, the cost of the services, and how far current and prospective tenants and service users can afford them tenants get clear information on how rent and other money is spent, including details of any individual items of expenditure above thresholds agreed between landlords and tenants. It is interesting to note that in Scotland, where housing association boards have control over their rents, rent increases have been less than in England over the past five years. Similarly, the Housing Benefit bill in Scotland has grown far slower than in England. Wales Community Housing Cymru (CHC) the representative body for housing associations in Wales, is currently in dialogue with the Welsh Government on a new approach to housing association rents. Its proposal is for Welsh housing associations to have flexibility over rent setting within a clear and accountable framework. CHC sees the benefits of this approach being: sustainability and flexibility openness and transparency true accountability. Page 6

7 There are clear parallels between the current system in operation in Scotland, the proposed approach in Wales, and our proposal for future rent policy in England. 3.4 Political support There is considerable cross-party political support for the idea of housing association boards setting their own rents within a robust rent framework. The Communities and Local Government Select Committee In its February 2016 report on Housing Associations and Right to Buy, the Committee recommended that housing associations be allowed to set their own rents in the long term. Its rationale was that it would give the sector more certainty, and help housing associations to respond more effectively to government policies like the rent reduction, which is currently impacting on development capacity and the viability of supported housing schemes. The House of Lords Economic Affairs Committee During evidence sessions for their inquiry into the Economics of the UK Housing Market, peers on the Committee questioned the impact of government changes to rents on housing associations ability to build. For example, crossbench peer Lord Turnbull said: the impression that we got from [housing associations] was that they were bullish in their enthusiasm but were still not helped, for example, by rent control, which would also be a reason why they might be classified as public sector. In its final report, the Committee concluded that: the cuts to social rent are short-sighted. Whilst they may reduce the immediate housing benefit bill, in the longer term they are likely to deter investment and reduce the available stock of social and affordable housing, thus requiring a greater number of tenants to live in, more costly, privately rented accommodation. 4. A new approach to rent policy Housing associations are independent, and mainly charitable, organisations driven by social purpose and public benefit. Their core business is the provision of affordable housing to those in housing need, in addition to providing much needed care, support and community services to vulnerable people. They house over 2.3 million households and in 2016/17 started construction on over 47,000 new homes. The housing association sector is incredibly diverse, reflecting the diverse nature of communities across England, and the variation in need that exists depending on local markets and demographics. Housing association boards are tasked with safeguarding the social purpose of the organisation and ensuring that the highest standards of governance and financial probity are maintained. Boards must balance competing priorities and significant external pressures to chart a course which harnesses available resources in a way that best delivers the organisation s mission. The central financial resource for delivering this mission is rental income. We believe housing association boards, operating within a robust regulatory framework, are best placed to determine rent policy in accordance with their strategic priorities, specific circumstances and stakeholders views. This is entirely consistent with the broader relationship between the Government and housing associations. For many years, the Government has recognised the value of a mission- Page 7

8 led sector delivering public benefit, and doing so in an independent, creative and entrepreneurial way. As Julian Ashby, Chair of the Regulation Committee, put it: How do we deliver the agenda as set out in the recent (Housing) White Paper to build enough homes for the country after years of undersupply? How can housing associations fund new homes and still manage their financial risks? How do providers balance their commitments to existing tenants while doing all they can to help those who don t have a safe and secure home? As a regulator we have always believed that the best way to do this is to ensure that the boards of independent housing associations are able to answer these questions for themselves and able to manage their risks effectively. It is time for this constructive and proportionate relationship to be applied to rent policy in England. 4.1 Board control Prior to the creation of the task and finish group, the National Housing Federation consulted with its members on its priorities for future rent policy. Greater certainty and control were identified as one of the three key principles that should underpin any future rent settlement. More precisely, it was felt that the importance of increased control was the greater degree of certainty it provides housing associations. In essence this means ensuring that the long-term rental stream is more stable and predictable. Giving housing associations more control and certainty over the primary income stream has a wide range of advantages: it improves their ability to set rents which are truly affordable for tenants within the context of local earnings and labour markets it facilitates greater transparency and clarity for tenants it improves their ability to plan for the future, deliver business plan objectives and meet their social purpose it increases their agility and ability to respond to changes in the housing market and operating environment it helps them secure a better balance between accountability and responsibility it more effectively allows boards to meet their fiduciary duty to safeguard financial viability it improves risk management and can facilitate more ambitious long-term investment in new and existing homes it will ensure more strategic and consistent targeting of resources, and encourage greater innovation. The Regulator expects boards to maintain governance arrangements which are sufficiently robust and effective so as to safeguard the financial viability of the organisation in the future. Boards are therefore accountable to the Regulator, to their lenders, and to the organisation s tenants and staff. However, under the existing rent regime(s) there is a problematic gap between board accountability and responsibility. Boards must make decisions about their organisation s rent policy within incredibly narrow and limited parameters, and therefore have only limited control over their organisation s core income stream. Board control over rent policy would address this problematic imbalance. Page 8

9 4.2 Affordability The provision of affordable rented housing is the foundation of the housing association sector and is central to the current debate about the future of housing association rents. It must be noted that despite its importance the concept of affordability is nonetheless poorly defined and particularly complex. This is mainly driven by the lack of consensus regarding a definition of affordability, and the interaction between housing costs, the welfare system and allocations policies. The challenge can be summarised in two fundamental questions: What does affordability mean with regards to housing costs? Affordable for whom? The current dialogue about the future of rents, both within the sector and with external stakeholders, also offers an opportunity for housing associations to reclaim both the language and substance regarding affordability. The introduction of Affordable Rents by the Government in 2011, and the lack of a clear link between housing association rents and tenant incomes, has contributed towards an environment in which the true affordability of the sector s rents is in question. This is not a sustainable long-term position and presents two risks in particular: The actual affordability of housing association rents is unclear and difficult to evidence, thus boards may not have access to sufficient evidence when considering whether they are delivering their mission effectively. Political and reputational risks arise when the language of affordability is co-opted by external parties and therefore outside of the sector s control. Our proposal for the future of housing association rents therefore has an opportunity to contribute towards progressing the affordability debate in a way which supports the long-term mission and sustainability of the housing association sector and delivers more demonstrably affordable homes for those who need them. Our proposal is for affordability to be enshrined within a new rent framework and for housing associations to be required to demonstrate how they are achieving it. This approach would involve the creation of a framework for housing association rents, within which boards would be able to determine an appropriate rent policy for their organisation. A key tenet of the framework would be the requirement to demonstrate that rents are affordable for the organisation s target customer groups, as defined by their overall objectives and social mission. In order to meet this requirement, housing associations could be required to: publish a rent policy for the organisation which includes a definition(s) of affordability and states how rents will be set in order to meet it (them) collect and publish data/evidence by which stakeholders can assess the affordability of rents at a local level. This framework could be scrutinised by the Regulator for Social Housing as part of a new Rent Standard, or be included within an updated Value for Money Standard. Within this approach there could also be an important role for the Federation to play in terms of: commissioning and sharing research on affordability developing good practice guidance and documentation for rent policies and transparency Page 9

10 aggregating sector data on affordability and rents in order to accurately and persuasively tell the sector s story to stakeholders 4.3 Transparency and accountability The Government has direct control over annual changes in housing association rents until 2020 through primary legislation. Similarly, housing association rent setting is subject to indirect government control through the regulatory framework. This framework, and contractual agreements reached with Homes England for access to Affordable Homes grant funding, is prescriptive in that the rent setting method for new lets and re-lets is clearly defined. Greater board control over rent setting and annual rent changes therefore represents a reduction in government control. It is vital for our proposal to recognise this fact by making a compelling case regarding accountability and transparency, in order to reassure the Government and other stakeholders that housing association rent policies will continue to support the sector s social purpose, and that it will be possible to assess and scrutinise organisational and sector performance in this area. Transparency In this context, transparency refers to two key outcomes: 1. Relevant stakeholders will be able to scrutinise and understand housing association decision making on rents 2. Housing associations will publish relevant data and information regarding actual rents and agreed rent policies. These outcomes could be delivered by: proactively and positively involving key stakeholders in the development, review and evaluation of rent policies publishing key documentation such as rent policies, impact assessments and FAQs including data on rents and affordability within annual reports to tenants, annual reports and financial statements, and value for money reports publicly comparing and benchmarking rents against peers There is also scope for other organisations in the sector to make a positive contribution to these outcomes: The Regulator could include global rent and affordability data in its analysis and reporting, either through existing formats such as the Global Accounts or new value for money based reports. The Federation could collect rent policy information from members, and combine with other research on housing and affordability, to produce an annual state of the sector report on the affordability of housing association rents. Key performance indicators regarding rents could be agreed by the sector with the Government and the Regulator and reported either by individual housing associations or through regulatory returns (similar to the Sector Scorecard approach). Page 10

11 A combination of the above would demonstrate the sector s commitment to transparency, while providing stakeholders with the information needed to scrutinise organisational and sector-wide behaviour. Accountability In this context accountability refers to governance, oversight and scrutiny of behaviour. It can be characterised by the question: If housing association boards are given greater control over their rents, who will monitor and review their behaviour and what legal or regulatory requirements will they have to follow/meet? Regulatory The Regulator s Value for Money Standard could be expanded to include additional reporting requirements regarding rents and affordability, such as: o o o o average annual rent increase average rents as a percentage of market rents average rents as a percentage of local earnings total rental income and how it is used. The Regulator s existing prescriptive Rent Standard could be changed to an outcome-based rent standard. This would require housing associations to demonstrate: o o o how their rent policy supports the organisation s mission and purpose how their rent policy delivers value to tenants, lenders, local authorities, the public purse and any other relevant stakeholders that their rent policy is legal, fair and effectively implemented. The Regulator s Governance Standard considers the skills and expertise of boards and executive teams, the efficacy of policies, procedures and internal controls, and the overall degree to which the organisation is well run. All of these factors are applicable if boards are given greater control over rents. The Regulator s Financial Viability Standard considers the financial health of the organisation now and going forward, of which rental income is central. Therefore, it would be reasonable to expect rent policy to be considered from this perspective as well. The Regulator s Consumer Standards include Tenant Involvement and Empowerment and Tenancy. Both are applicable if boards have greater control over rents. The Housing Ombudsman could have a role to play in ensuring housing association rent policies are legal, fair and properly implemented, and in investigating serious allegations of malpractice. Legal Fundamentally, charitable housing associations would still be required to comply with their charitable objects, meaning that rent policies would need to clearly further the charitable aims Page 11

12 of the organisation. Both the Regulator and the Charity Commission have powers to ensure this is the case. Even with greater board control over rents, housing associations would still be subject to English tenancy law. Other stakeholders Housing associations myriad links with local authorities means that they are key stakeholders with regards to rents. Access to land, section 106 agreements, nomination agreements and the overall responsibility to assist local authorities in discharging their housing responsibilities, would all have a direct or indirect impact on the rent policies implemented. The likelihood of rent policy being responsive to local need is therefore improved. Lenders and credit rating agencies are key stakeholders as the sector s ability to deliver new homes is dependent upon access to appropriate finance and investment. Rental income is a key factor in their appraisal of housing associations and they will therefore have an indirect influence over future rent policy, encouraging financial prudence and viability. 4.4 Recommendations 1. Greater board control over rent policy, within a robust regulatory framework, is the most appropriate way of ensuring housing associations will be able to plan and invest with confidence due to greater certainty and control over their core income. Boards should therefore have the ability to determine starting rents and annual changes for all of their general needs rented tenancies. 2. A robust and transparent regulatory rent framework should be introduced to surround board control over housing association rents. 3. The regulatory rent framework surrounding board control should require housing associations to demonstrate key outcomes, including the affordability of their rents, tenant engagement and involvement and the value delivered by the organisation. 5. A new partnership with the Government It is clear that our proposal for a future rent framework is a significant departure from the status quo. It is also clear that as a nation we face significant challenges, particularly regarding housing, and that doing things the same way as before is less and less of an option. Housing associations and the Government are both committed to delivering more high quality, affordable homes for people to rent and buy, and to ensuring optimum value for money by unlocking the innovation and creativity within the sector. It is time for rent policy, which has such an enormous influence on all parts of the business plan, to be fundamentally changed in recognition of the scale of the challenges we face. Shared objectives and principles should support the implementation of a framework surrounding board control over rents. For this to be successful, and for trust to be restored, both parties must have a clear understanding of their commitments and responsibilities. Housing associations will: Page 12

13 place affordability at the heart of their rent policies and proactively demonstrate how their rent policies support their concept of affordability actively and meaningfully involve tenants and other stakeholders in the development, implementation and review of rent policies publish rent policies, impact assessments, FAQs and relevant data in a transparent and accessible way benchmark the performance and impact of their rent policies against relevant peers certify that their rent policies are compliant with relevant legislation and charitable objectives (as appropriate). The Government will: commit to respecting the rent framework and gaining assurance on housing association rents via legal and regulatory means, rather than unilateral direct intervention recognise the tensions that currently exist between controlling housing-related welfare costs (DWP) and supporting the delivery of new affordable housing (MHCLG), and develop coherent and strategic long-term housing policy which is not reliant on an unhealthy compromise between these competing priorities review its overall support for/investment in housing across all tenures and publish the results in order to support a national conversation on how to best achieve desirable housing outcomes (public vs. private investment, market vs. sub-market products, capital vs. revenue funding, supply-side vs. demand-side policies). The National Housing Federation will: commission or carry out research into affordability on behalf of the housing association sector in order to inform and support effective board policy decisions publish good practice guidance on the development, implementation and review of rent policies 2 collect, analyse and publish aggregate sector data on rents and affordability. The Regulator of Social Housing will: Apply its co-regulatory regime to housing association rent policies, utilising the appropriate Standards 6. What we can achieve 6.1 Maximise the impact of housing associations Housing association boards are custodians of independent mission-driven organisations, responsible for marshalling resources and expertise in such a way as to maximise the organisation s impact. Bringing rent policy within their sphere of influence will allow boards to tailor and adapt this fundamental part of the business in such a way as to deliver against their strategic objectives. Members told the National Housing Federation that if their boards had greater control over their rents they would be able to business plan with more confidence, which would in turn justify taking on 2 Similar to the rent setting guidance and affordability tool published by the Scottish Federation of Housing Associations Page 13

14 additional risk and increasing future ambitions. Depending on the organisation and local market this could mean: increasing the supply of new homes delivering more ambitious mixed-tenure regeneration schemes, particularly in challenging markets greater investment in health and wellbeing services to tenants and the wider community a more comprehensive employment and skills offer. 6.2 Reclaim and redefine affordable rented housing We have the opportunity to reclaim and redefine affordable housing in England. We know that the public believes we are facing a housing crisis, and that predominantly this is a crisis of affordability. We also know that they are calling for big ideas and solutions that can have a tangible impact on people s lives. Our proposal delivers just such a solution by bringing together the Government and the independent third sector in a complementary and constructive way. The Government and the Regulator would define their expectations through a framework which boards must operate within. Housing professionals, practitioners and experts up and down the country would then have the ability to think creatively and robustly about what affordability means for the communities they serve. Not only will this deliver more appropriate local solutions, it will also empower housing associations and their stakeholders, particularly tenants, as they will have the agency to research, test, implement and review rent policies, rather than having them imposed from above by central government. Housing associations who have already begun their own thinking on affordability have told us: they would seek to restore the link between rents and earnings by benchmarking their rents against the Living Wage for a typical household they would implement rent caps and floors to give assurances to stakeholders their policies would be explicit in considering the interaction between allocations, rents and welfare reform they would draw upon academic research and robust data to interrogate and review the affordability of their rents for different households 6.3 A new model for delivering housing policy Through collaboratively developing a new rent framework for housing associations, the Government would demonstrate its willingness to work in genuine partnership with those sectors who share its purpose and objectives. This would be a clear signal that the Government recognises the scale of the challenges we face, that all of the answers cannot possibly come from Whitehall, and therefore that an environment in which all of those with the expertise and experience to contribute to public policy are empowered to do so, is one which will deliver better outcomes for communities up and down the country. The Voluntary Right to Buy agreement showed the willingness and ability for housing associations and the Government to work constructively together. Adopting a similar approach to rents would take this even further. Page 14

15 6.4 Inclusive growth and thriving communities Housing associations operate in communities across England, from the wealthiest to the most challenging. The task and finish group drew on the Federation s contacts across the sector to talk to housing associations operating in low value, low demand markets, where housing quality tends to be poor, employment prospects scarce, and economic activity low. Against a backdrop of the vote to leave the EU, political instability and a degree of economic divergence, we believe it is crucial to develop ambitious plans for investing in these communities and sparking inclusive growth across the country. Housing associations, in control of their own rents, have the potential to be catalysts for this programme of change. As asset-owning purpose-driven organisations, they have long-term economic, commercial and social interests in their communities. In challenging markets they provide more than just high quality, affordable housing they may also be the main employer, the primary investor in local social enterprises and community events and services, the place of last resort and support for those who cannot access retreating statutory services. These organisations must very carefully calibrate their business plans to balance financial viability with a commitment to investing in people and places. Asset values and high market rents do not offer them a buffer or source of alternative income should it be needed. In many places they are competing directly with a poor quality, unregulated private rented sector. They are therefore very sensitive to changes in core income, and particularly the pressures generated by the -1% rent reduction. Housing associations operating in these areas have told us that board control over rents would: allow them to better track, and in places lead the market, thereby driving up quality in the private rented sector improve the utilisation of existing stock by flexing rents and increasing the desirability of properties and areas currently suffering from low demand work in partnership with local stakeholders, and possibly devolution areas, to join up housing investment, welfare policy and rent policy in order to deliver agreed local objectives continue to invest in a comprehensive and transformational tenant offer which encompasses housing, health and wellbeing and employment and skills. 7. How we can be judged We are proposing a significant change from the status quo and have therefore prioritised transparency and accountability within our offer. For board control over rents to be a success we believe it necessary for the Government and the sector to agree in advance: how the impact of this policy change will be monitored and reviewed who will be responsible for carrying this out. Our proposal in this regard is for the Regulator of Social Housing to be the responsible organisation. This is consistent with the rent framework described, and could be easily achieved through the creation of a Rent Advisory Panel. This panel could consist of officials from the regulator, academics, housing association staff and board members, tenants, and other relevant stakeholders. Its remit would be to monitor the impact of board control over rents and report back to the Government, tenants and the wider sector on key performance indicators. These indicators could be: Page 15

16 average rents (absolute and percentage change) average rents as percentage of market rents average rents as percentage of local earnings number of new homes built by housing associations number of existing homes brought back into use s invested in health and wellbeing services (and agreed outputs/impact) s invested in employment and skills services (and agreed outputs/impact) tenant satisfaction with rent, quality of home and services provided. Much of this information is collected already, or could be easily added to existing regulatory returns or the Sector Scorecard indicators. A sector approach, combined with the requirements for individual housing associations to adopt a proactively transparent and accountable approach to rent setting, should provide all stakeholders with sufficient assurance that boards are utilising rent policy to further their organisation s mission. 8. Conclusion During 2017 we have dedicated significant time and resource, with considerable support from the National Housing Federation, to this crucial area because we believe it offers the opportunity to transform the relationship between the Government and housing associations, and lay the foundations for the sector to achieve its Ambition to Deliver. Board control over housing association rents offers improved outcomes for all stakeholders because: it is consistent with the wider policy and regulatory environment, both regarding other business areas, and in the other parts of the UK it would be a prominent example of a modern and constructive relationship between government and the independent third sector it is sustainable and strategic as it clearly demarcates responsibilities and reduces political interference. We hope colleagues and stakeholders will consider this proposal with an open mind and seek to engage constructively with the principles and ideas put forward. 9. Next steps The future of housing association rents task and finish group has completed its objective of developing a robust alternative to existing rent policy. This report marks the formal end of the group s work programme. The National Housing Federation s immediate priority is to work with members and other stakeholders to ensure the Government s stated rent policy is successfully implemented from April Longer term, the Federation will use the work of the task and finish group as the foundation upon which to develop a robust proposal for rents post If you would like to be involved in this longer term piece of work please contact: James Prestwich, Head of Policy, National Housing Federation Page 16

17 Tel: Task and finish group members Jon Lord, Chief Executive, Bolton at Home Nigel Howlett, Chief Executive, CHS Group Kathy Ellis, Customer Insight Manager, Clarion Housing Group Alan Smith, Group Director of Finance and Resources, County Durham Housing Group Mark Kent, Managing Director, Dolphin Living Andrew Kilby, Executive Director Finance, EMH Group John Schofield, Director of Research and Development, Peabody Lisa Nicholls, Assistant Director Housing and Commercial Development, Gloucester City Homes Dave Dickens, Director of Income and Customer Services, Incommunities Rob Jeffreys, Income Manager, Karbon Homes Stephen Russell, Director of Communications and Business Insight, Midland Heart John Bargh, Head of Business Solutions and Service, Places for People John Clark, Chief Executive, Plymouth Community Homes Neil Venables, Group Director of Resources, Red Kite Community Housing Hugh Owen, Director of Strategy and Public Affairs, Riverside Group Andrew Bradley, Strategic Insight Manager, Sovereign Supported by: James Prestwich, Head of Policy, National Housing Federation Nick Yandle, Policy Leader, National Housing Federation Tristan Carlyon, Senior Research Manager, National Housing Federation Page 17

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