The Regulator of Social Housing (RSH) has published its Decision Statement on the new Tenant Satisfaction Measure (TSM) for electrical safety checks. The wider response to the Transparency, Influence and Accountability Standard consultation is still awaited.

RSH noted resounding support for the proposed TSM within responses to the consultation. For example, 94% of local authority respondents expressed very strong agreement. Within Anthony Collins’ response to the consultation, we expressed broad agreement with the intention of the TSM, but suggested that the detail required further clarification to ensure meaningful and consistent reporting. In particular:

1. Scope of “electrical safety checks”: We raised concerns about the potential uncertainty over which electrical equipment falls within the proposed TSM, and how it would be ascertained that a piece of equipment was “compliant” with all required checks for these purposes. While electrical installations in residential premises and electrical equipment provided under a tenancy are now subject to clear inspection requirements, communal installations and equipment within a building may only be covered by broader health and safety duties (e.g. under the Health and Safety at Work etc. Act 1974), which do not prescribe what specific checks should be completed and/or the intervals for these. We argued that without further clarification, providers may struggle to determine whether compliance for the purpose of the TSM has been achieved, risking inconsistent reporting across the sector.
2. Third-party equipment: The consultation suggested that providers should include checks relating to equipment for which third parties are responsible. We highlighted the practical difficulty of this, as providers may have limited visibility of, or control over, such equipment, particularly where it is located within residents’ own homes.
3. What installations and equipment “serve” dwellings: We identified ambiguity about when communal installations or equipment would be treated as “serving” a dwelling. For example, equipment located in one part of a building may technically be accessible to all residents: does it serve only nearby dwellings, or the entire block? If a communal installation in a hallway has not been checked, does this affect only those flats directly coming off the hallway, or any flats whose residents may walk through it? This lack of clarity has direct implications for how the TSM is calculated.

What the decision confirms

The final TSM retains a broad scope. Notably, RSH has confirmed that for the purposes of calculating the TSM, communal installations and equipment must meet the requirements under the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 in order to be considered compliant, even where those regulations do not strictly apply. Whilst this appears to be intended to address point 1 highlighted above, and give providers a consistent framework against which to measure compliance, it also potentially holds them to a higher standard than what is legally required. 

In addition:

• There is still no definitive guidance on when equipment or installations are considered to “serve” a dwelling. The example provided following the consultation response doesn’t assist in resolving the uncertainty we discuss above.
• RSH seem to have clarified what electrical equipment should be covered within the TSM’s scope within the revised wording. It is now clear the TSM covers “electrical equipment provided by the landlord as part of the tenancy”. ​There is a question, however, as to whether equipment provided under a local authority furniture package is within scope of the TSM if the provider helps to administer this (e.g., takes the payment for the package as part of the rent). Given the potential for this equipment to fall under the updated 2020 regulations, it is clear it may be relevant for the purposes of this TSM calculation too.  

While the intention behind the TSM remains sound, and many providers have undertaken five-yearly electrical checks in their homes for a significant period prior to the updated regulations coming into force, the ambiguities in the TSM’s drafting could still give rise to inconsistent reporting. This could impact the value of the information collated and the ability to benchmark different providers’ performance. 

Final thoughts

Providers should begin preparing now to ensure they can report against the new TSM. This will require clear data on installations and equipment that serve their housing stock but also potentially a shift in the inspection schedules for communal installations and equipment, noting RSH will measure compliance against the updated 2020 regulations. Providers may also wish to update their KPIs for the Board to ensure closer alignment with what must be reported under the TSM. 

For more information 

If you would like support in understanding the revised electrical TSM reporting requirements, or need specific advice on electrical safety obligations for registered providers, please contact us.