Regulatory Framework

How we regulate Registered Social Landlords (RSLs) and the housing and homelessness services provided by local authorities.

Published

13 February 2024

Updated

13 February 2024

Introduction

1.1

The Housing (Scotland) Act 2010 (the “2010 Act”) sets our statutory objective, functions, duties and powers.

Our statutory objective 

To safeguard and promote the interests of current and future tenants, people who are homeless, factored owners and Gypsy/Travellers.

Our functions 

To monitor, assess, report and intervene (as appropriate) in relation to social landlords' performance of housing activities and RSLs' financial well-being and standards of governance.

1.2

This Framework is our Statement on Performance of Functions and sets out how we regulate both Registered Social Landlords (RSLs) and the housing and homelessness services provided by local authorities.

1.3

For both local authorities and RSLs, we monitor, assess, report and intervene (as appropriate) on their performance of housing activities. This means how they deliver housing services to:

  • tenants;
  • people who are homeless;
  • Gypsy/Travellers who use official sites provided by these landlords; and
  • factored owners.  

For RSLs, we also monitor, assess, report and intervene (as appropriate)  on their governance and financial wellbeing. We do not have this role with local authorities.

When we talk about landlords, we mean both RSLs and local authorities. When we are referring to either local authorities or RSLs only we make this clear.

1.4

We set out our priorities in Our Strategy. We use the regulatory tools in this Framework to focus on and deliver our priorities.

1.5

Across all of our work we want to communicate clearly, work effectively with our stakeholders and raise awareness of important issues and risks. We actively involve tenants and other service users in our work, as we set out in our published strategy.  We engage with them to help make our work accountable, relevant and targeted.

1.6

We coordinate our work and share information with other scrutiny bodies and regulators. We aim to reduce the potential for gaps or duplication in regulation. We have Memoranda of Understanding or similar agreements with them setting out how we work together.

1.7

We work constructively with the main bodies who represent and work with social landlords. These relationships help us understand the impact of our work and explore issues and risks for landlords.

1.8

We also engage with public funders and private lenders / investors to landlords. One of the ways that we achieve our objective is by helping to maintain their confidence in social housing. This is important if landlords are to continue to have access to funds at affordable costs, to provide new housing and support their businesses.

1.9

We will consult with tenants, landlords, representative bodies and others interested in social housing before publishing new or revised guidance on our statutory powers and duties.