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The Regulatory State vs. Housing Associations: A Study in Organizational Change and Independence

This study delves into the impact of the regulatory state on housing associations, exploring tenure restructuring, numerical transformation, and the shift to 'mega' RPs. It questions the status of RPs as public or private entities and considers the ongoing legal debate regarding their role. The complexities of housing management, legal constraints, and unresolved issues regarding government subsidies and profit-making are also analyzed, highlighting the uncertainties and challenges faced by the sector.

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The Regulatory State vs. Housing Associations: A Study in Organizational Change and Independence

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  1. The lengthening arm of the regulatory state and the dwindling independence of housing associationsHousing Studies Association 2010 Alex Marsh (SPS) & Dave Cowan (Law)

  2. Tenure restructuring • Numerical transformation • Organisational change • Shift to ‘mega’ RPs • A partial account? • Accountability space

  3. Organisational fragmentation • Locus of control • New organisational boundaries • Centralising-decentralisation • External regulation – the role of law

  4. The status of RPs • Public or private? • The Housing and Regeneration Act 2008 • The SI: description as “Private Registered Providers of Social Housing” • An ongoing legal debate

  5. The question: • Do RPs exercise “functions of a public nature” in their management role/s? • No current definitive answer, but • Poplar HARCA v Donoghue (2001) • Weaver v L&Q (2009)

  6. A minor issue? • External legal constraints – an overlay • Allocation/nomination • Eviction • Security • Pawson et al (2010) find 4/52 RPs took a/c of HRA obs • Legitimate expectations • Public sector duties (Equalities Bill) • The remaining question: • What is housing management?

  7. Housing studies and Law • The Housing Studies version • Undefined • Core tasks • “… contradiction, insecurity, and even puzzlement”: Franklin & Clapham 1997 • The Weaver version • Broad understanding, inc termination • Cf Rix LJ (minority)

  8. Outstanding questions • All RPs? • LSVTs? • Gov’t subsidy? • Profit-making? • All RP stock? • “social housing” (inc SO and affordable housing)? • Let at market rent?

  9. Where next? • Uncertainty – Supreme Court still to pronounce and have given indication that will accept “leap frog” appeals • Ambiguity, agency and power • Policy layering • Welfarism and independence

  10. Does it matter? • Temporary hiccup or major hurdle? • Future of the TSA

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