Commentary on provisions of Act The Regulator of Social Housing Section 5: Relationship between regulator and housing ombudsman
Section 5 amends the HRA 2008 and the Housing Act 1996 (HA 1996) to add measures on the relationship between the regulator and a housing ombudsman in order that they can work together effectively to provide better protection for tenants.
	The regulator and the housing ombudsman both have a role in overseeing the performance of social housing landlords and making sure that landlords treat their tenants fairly. The regulator regulates registered providers in England and the housing ombudsman seeks to resolve complaints from residents about registered providers. The HA 1996 allows for multiple housing ombudsman schemes to be approved by the Secretary of State but only one has been approved.
	A new section, 100H, is added to the HRA 2008 requiring both bodies to cooperate and to prepare, publish and regularly review a memorandum of understanding outlining how they will do so.
	The HRA 2008 is amended to require the regulator and Secretary of State to consult any housing ombudsman when setting standards and giving directions to the regulator respectively.
	The HA 1996 is amended to require an ombudsman to consult the regulator about changes to its scheme before these can be approved by the Secretary of State.
	Arrangements are already in place for the two bodies to work together. A non-statutory memorandum of understanding 1 (MoU) has been agreed between the regulator and the housing ombudsman, originally in 2017 and updated in 2020.