Open consultation

Social Housing Tenure Standard: Direction to the Regulator of Social Housing

Published 2 April 2026

Applies to England

This consultation seeks views on a proposed Direction from the Secretary of State for Housing, Communities and Local Government to the Regulator of Social Housing (the Regulator), using powers under section 197 of the Housing and Regeneration Act 2008 (the 2008 Act) as amended.

The Renters’ Rights Act 2025 (the Act) introduces significant reforms to the assured tenancy framework, establishing a simpler and more secure tenancy system. Key changes include abolishing Section 21 ‘no fault’ evictions, replacing assured shorthold tenancies with assured periodic (rolling) tenancies and removing fixed-term assured tenancies. These changes will strengthen tenant security and rights to reclaim properties for landlords when it is necessary. Government is working towards commencing the Act for the social rented sector in October 2027 and once commenced, reforms will directly impact landlords within the social rented sector who operate under this framework, namely Private Registered Providers of social housing, and their tenants. Ahead of implementing the Act’s reforms for social housing assured tenancies granted by Private Registered Providers, we are updating the Direction on the Tenure standard to the Regulator of Social Housing to make sure it is consistent with the new Act.

This consultation sets out proposals for a new Tenure Direction to the Regulator of Social Housing requiring it to set a regulatory standard relating to tenure, aligned with the new assured tenancy and regulatory framework.

The proposed Direction reflects the consumer regulation regime that has been in force since April 2024 and primarily sets out the outcomes Registered Providers should deliver relating to tenure, except for specific areas where a prescriptive approach is needed to achieve government policy. Registered Providers will be responsible for delivering these outcomes in the way that best meets their needs, the needs of tenants, and their local circumstances. 

While the Act will apply to landlords using the assured tenancy framework, the Tenure Direction and subsequent tenancy standard issued by the Regulator apply to social housing landlords registered with the Regulator. This includes Local Authority Registered Providers where flexible and secure tenancies can be offered. The consultation also sets out a proposal to ensure the new Direction applies to all social housing provided by local housing authorities, irrespective of whether they hold a Housing Revenue Account (HRA).

Scope of this consultation

Section 197 of the 2008 Act gives the Secretary of State the power to direct the Regulator to set a standard on tenure and about the contents of that standard. Once issued, the Regulator must comply with the Direction. We propose to use this power to direct the Regulator to set a revised regulatory standard (and the content of that standard) on tenure.  

This Direction will apply in relation to the social housing stock of all Registered Providers of social housing that is low-cost rental accommodation, unless specifically exempted. The proposed Direction does not apply to intermediate rent accommodation or low-cost home ownership accommodation.

The term ‘Registered Providers’ encompasses: 

  • Private Registered Providers, including housing associations, registered with the Regulator of Social Housing; 
  • Local Authority Registered Providers

Where an expression is used but not defined in this Direction, that expression has the same meaning as the definitions used in Part 2 of the Housing and Regeneration Act 2008.

The proposed Direction would revoke paragraph 2 on Tenure of the previous Direction issued by the Department in 2012 and therefore has the effect of replacing it. 

The proposed Direction has been published alongside this consultation and is included in Annex B.

Geographical scope

These proposals relate to providers of social housing based in England registered with the Regulator of Social Housing and subject to its regulatory standards. They will mainly affect tenants of social housing in England.

Impact assessment

The Renters’ Rights Act 2025 (‘the Act’) reforms deliver a simpler, more secure assured tenancy structure. To achieve this, among other things the Act abolishes fixed term assured tenancies and replaces them with periodic assured tenancies, abolishes section 21 ‘no fault’ evictions, and ensures possession grounds are fair to both parties, giving tenants more security, while ensuring landlords can recover their property when reasonable. This will primarily affect Private Registered Providers of social housing who let properties via assured tenancies. 

An impact assessment for the Act has been published, which sets out the expected effects of the new tenancy framework and provides relevant context for this consultation. At a summary level, one of the main impacts on business is expected from the cost of the time taken by landlords to familiarise themselves with the new reforms. We do not propose to publish a separate impact assessment for this Direction.  

The government’s New Burdens Doctrine is clear that anything which could issue a new expectation on local government (irrespective of whether it is legislation, guidance, or any other changes) should be assessed for new burdens. If the policy qualifies as a new burden, it should be funded fully by central government in line with the New Burdens Doctrine. New burdens will only be assessed against Local Authority Registered Providers without a HRA.

A New Burdens Assessment and a Justice Impact Test have been undertaken to consider the net costs of the Act on local government and the justice system respectively. The Justice Impact Test also assesses the changes to court and tribunal processes and systems which are required. We will ensure that local authorities and the civil justice system are funded and prepared for these reforms.

Body responsible for the consultation

Ministry of Housing, Communities and Local Government (MHCLG).

Statutory consultees

The statutory consultees are:

  • the Regulator of Social Housing
  • the Homes and Communities Agency (known as Homes England)
  • the Greater London Authority
  • the Housing Ombudsman
  • bodies representing the interests of local housing authorities
  • bodies representing the interests of tenants of social housing
  • bodies representing the interests of Registered Providers
  • the Charity Commission

The Department will consider any consultation responses received from other interested bodies and individuals.

Duration

This consultation will last for 8 weeks from 2 April to 28 May 2026.

Enquiries

For any enquiries about the consultation, email directionconsultation@communities.gov.uk.

How to respond

You may respond by completing the online survey.

We strongly encourage responses via the online survey, particularly from organisations with access to online facilities such as local authorities, representative bodies and businesses. Consultations often receive a high-level of interest and using the online survey greatly assists our analysis of the responses, enabling more efficient consideration of the issues raised.

Please note that we are required by law to publish every response to this consultation. Therefore, please ensure that your response does not include any material that you are not content for us to publish.

Alternatively, you can email your response to the questions in this consultation to: directionconsultation@communities.gov.uk

If you are responding in writing, please make it clear which questions you are responding to.

Written responses should be sent to:

Social Housing Regulatory Direction on Tenure
Ministry of Housing, Communities and Local Government
Floor 3 (Mailpoint B12)
Fry Building
2 Marsham Street
London
SW1P 4DF

Please submit your response through only one of the above routes.

When you reply it would be very useful if you could confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

  • your name
  • your position (if applicable)
  • the name of organisation (if applicable)
  • an address (including postcode)
  • an email address
  • a contact telephone number

Demographic questions

When you reply, it would be useful if you could please confirm:

Question 1

In which capacity are you completing these questions?

  • resident of the social rented sector
  • Local Authority Registered Provider
  • other local authority (not a registered provider)
  • Private Registered Provider of social housing
  • other social landlord (not a registered provider)
  • arms-length management organisation (ALMO)
  • tenant management organisation (TMO)
  • resident representative group
  • landlord representative group
  • industry body
  • charity (not a registered provider)
  • other (please specify)

Question 2

If responding on behalf of an organisation, please specify which organisation.

Question 3

Social landlords only.

Where are the properties you manage primarily based?

  • North East
  • North West
  • Yorkshire and the Humber
  • East Midlands
  • West Midlands
  • East of England
  • South West
  • South East
  • London
  • spread evenly across the UK/National organisation
  • prefer not to say

Question 4

Social housing landlords only.

How many units of social housing stock do you own or manage?

  • under 1,000
  • 1,000 to 9,999
  • 10,000 to 19,999
  • 20,000 to 49,999
  • over 50,000
  • prefer not to say

Question 5

Local authority landlords only.

Whether you hold stock within or outside an Housing Revenue Account (HRA)?

  • hold stock within an HRA
  • hold stock outside an HRA
  • non-stock holding
  • prefer not to say

Introduction

This consultation seeks views on the proposed Direction to the Regulator of Social Housing from the Secretary of State on social housing tenure.

The draft Direction is attached to this consultation at Annex B.

Section 197 of the 2008 Act gives the Secretary of State the power to direct the Regulator to set a standard on tenure and about the contents of that standard. Once issued, the Regulator must comply with the Direction. The tenure Direction primarily concerns what social housing tenants can expect in relation to tenure from Registered Providers registered with the Regulator. Once directed by the Secretary of State, the Regulator is required to consult on any changes to the standard to reflect the Direction before it is introduced.

The Act introduces a simpler and more secure assured tenancy system by abolishing assured shorthold tenancies and requiring all assured tenancies to be periodic from the outset. The Act also removes the threat of so-called ‘no-fault’ evictions by abolishing section 21 evictions and introduces reformed grounds for possession. These changes will impact Private Registered Providers of social housing who operate under the assured tenancy framework. Government is working towards commencing the Act in the social rented sector from October 2027.

To align with the changes introduced by the Act, the current Tenure Direction requires updating. This consultation sets out the proposed Direction to the Regulator, which would replace the Tenure Direction, as set out in paragraph 2, in the 2012 Direction.

Overview of the proposed Direction

The consultation sets out our proposed Direction, which includes important changes to reflect government’s policy aims, particularly related to the new legal framework introduced through the Act.

The changes seek to:

  • set out considerations for Registered Providers when granting tenancies and remove references to tenancy types, including assured shorthold tenancies, that will no longer be available for Private Registered Providers of social housing. This will ensure that Registered Providers are able to implement new legal provisions introduced by the Act as intended in respect of granting tenancies
  • expand the scope within the application and interpretation section of the proposed Direction to bring social housing stock owned by local authorities outside their Housing Revenue Account within scope of the Direction
  • update definitions to align with those in the new policy statement on rents for social housing, published on 28 January 2026. This introduces revised terms for “intermediate rent accommodation” to ensure consistency across standards, avoid ambiguity and ensure the Direction is applied as intended
  • reflect the Regulator of Social Housing’s broader outcomes-based approach, in line with regulatory best practice
  • revoke the current Tenure Direction issued by the Department in 2012

Subject to the outcome of this consultation, we intend to issue the new Direction to the Regulator by October 2026. Once issued formally, the Direction will be binding on the Regulator. The Housing and Regeneration Act 2008 requires the Regulator to subsequently conduct a statutory consultation on changes to its standards to reflect the Direction.

The proposed Direction has no pre-determined end date but may be subject to change or revision once the Direction has been issued. Any further amendments or changes will require a further consultation by the government.

We invite your views on the questions listed and the draft Direction by 28 May 2026.

The statutory framework for social housing regulation is set out in the Housing and Regeneration Act 2008. In brief:

  • the Regulator has an economic and a consumer objective
  • with regard to consumer regulation, the Regulator’s objectives relate to the social housing where those Registered Providers are the landlord
  • the term Registered Providers encompasses:
    • Private Registered Providers, including housing associations registered with the Regulator
    • Local Authority Registered Providers
  • ‘social housing’ comprises low-cost rental accommodation (for example homes let at Social Rent or Affordable Rent) and low-cost home ownership accommodation

The Regulator has the power to set regulatory standards on a range of economic and consumer matters. Registered Providers are required to comply with, and deliver the outcomes of, these standards.

In relation to certain matters, including tenure, the Secretary of State has the power to direct the Regulator to set standards, to direct on the content of those standards, and direct the Regulator to have regard to specified objectives when setting standards.

Commentary on Proposed directions

Citation, commencement, application and interpretation

Definitions

The proposed Direction seeks to ensure that the definitions used within it provide clarity for Registered Providers and to aid understanding and consistent application across the sector. Where legislation provides clear definitions, the new Direction avoids repeating these.

The proposed Direction will additionally align with other regulatory directions and policies, including the Policy Statement on Rents for Social Housing published on 28 January 2026, and reflect more up to date language used across the Regulator’s standards.  

To achieve this, the proposed Direction:

  • defines expressions as having the same meaning as in Part 2 of the Housing and Regeneration Act 2008 unless otherwise defined in the Direction
  • updates the definition of ‘intermediate rent’ to align with the definition outlined in the new policy statement on rents for Social Housing that was published on 28 January 2026. This change will streamline the regulatory framework by adopting a single, up-to-date definition of intermediate rent

Question 6

Do you agree that the citation, commencement, application and interpretation section of the proposed Direction at Annex B is clear, aligns with the wider legislative and regulatory framework, and supports consistent application of the Direction?

  • yes
  • no

If no please provide further details why.

Scope of Direction

Inclusion of local authority non-HRA social housing stock

The 2012 Direction on tenure does not apply to local authority housing stock if it is not held in a Housing Revenue Account (HRA).

Local authorities have a vital role to play in developing and owning social housing. We want to ensure that all local authority social tenants, regardless of whether their landlord has an HRA, have the appropriate rights and protections.

Every local housing authority with housing stock of 1,000 or more properties is required to account for, and maintain them, in an HRA. The HRA is an accounting mechanism to record expenditure and income on running a council’s own housing stock and closely related services or facilities to tenants. 54% of local housing authorities (162 out of 296) have HRAs. Around 80 authorities retain small numbers of homes but do not operate an HRA.

Since 2012, when the previous Direction on tenure was made, there have been significant changes to the way HRAs operate. In 2012 the threshold for a local authority opening an HRA was only 50 properties and policy at the time incentivised councils to dispose of their stock to housing associations.

The government in January 2026 confirmed an increase in the threshold at which a council is required to open an HRA from 200 homes to 1,000 homes. Current policy therefore allows councils with under 1,000 social homes to obtain the Secretary of State’s consent to account for these in their general fund rather than setting up an HRA. As a result of the increase to the threshold at which a council is required to open an HRA, we expect an increase in the number of social housing tenants whose landlords are local authorities but whose home is not held in an HRA.

The rights of council housing tenants principally derive from the Housing Act 1985 and the Housing and Regeneration Act 2008 and are the same regardless of whether their home is accounted for in an HRA or a general fund.

The proposed Direction does not maintain the current exclusion of local authority non-HRA accommodation that meets the definition of social housing from its scope. This would align with the Regulator’s existing scope for its consumer standards which relate to social housing and includes both Local Authority Registered Providers with and without HRA stock.

Question 7

Do you agree that social housing stock owned by local authorities should be in scope of the Direction on tenure, irrespective of whether it is held in a Housing Revenue Account? 

  • yes
  • no

If no, please provide further details why.

Tenancy requirements

Granting tenancies

The government is clear that tenants should feel safe and secure in their homes and that security and stability of tenancies is vitally important to this.

The Act introduces the biggest change to tenancy arrangements in a generation. With the abolition of section 21 ‘no fault’ evictions and the introduction of a revised assured tenancy framework, tenants under this framework will enjoy greater security of tenure.

To reflect this, the proposed Direction removes references to specific tenancies in the previous Direction, including removing references to assured shorthold tenancies which will no longer be available.

Measures introduced in the Act do not extend to social housing tenants on non-assured tenancies, including local authority tenants. Local authorities retain the right to grant introductory and fixed-term tenancies (often referred to as flexible tenancies). The proposed Direction therefore additionally takes account of the diversity of the sector, and that providers operate under distinct tenancy frameworks.

The government wants to achieve greater security and stability for tenants, and we expect Registered Providers to be mindful of the importance of security of tenure in their approach to granting tenancies. The proposed Direction requires the Regulator to set a standard with a view to achieving, as far as possible, that Registered Providers grant tenancies which are compatible with the purpose of the accommodation, the needs of individual households, the sustainability of the community, the efficient use of their housing stock and which meet the legislative requirements on tenure type. These are not the only factors that may be taken into account, but they must be considered by Registered Providers alongside broader considerations when granting tenancies.

The proposed Direction also requires the Regulator to set a standard with a view to achieving, so far as possible, that Registered Providers, in their approach to granting tenancies, have regard to granting the most secure tenancies suitable, including by taking into account the factors described in the paragraph above and as set out in 3(2)(a) of the proposed Direction. This will be of relevance particularly to local authorities who can offer flexible and secure tenancies.  

In addition, the proposed Direction requires the Regulator to set a standard with a view to achieving, so far as possible, that Registered Providers must be clear and transparent with tenants, and, where relevant, prospective tenants about the circumstances in which they may grant different types of tenancy. This includes where they grant fixed term tenancies, the length of their terms and the circumstances in which they grant tenancies of a particular length. In addition, Registered Providers must also be clear and transparent about their approach to taking into account the diverse needs of tenants and other household members, when granting tenancies.

In keeping with the 2012 Direction, the proposed Direction continues to promote tenancy sustainment, specifying expectations around the use of fixed term tenancies, where applicable, and conditions for ending fixed term tenancies.  

As with the 2012 Direction, the proposed Direction also includes clear expectations that landlords are open with tenants and, where relevant, prospective tenants, about:

  • their approach to tenancy management, including preventing unnecessary evictions
  • how tenants and prospective tenants can appeal and complain about decisions made relating to the type of tenancy offered
  • how tenants can appeal or complain about decisions not to offer a tenancy where a fixed term tenancy ends
  • where applicable, approaches to granting discretionary succession rights

Question 8

Do you agree the requirements in the proposed Direction (Annex B) which set out matters that Registered Providers should consider (among other factors) when granting tenancies are clear and appropriate?

  • yes
  • no

If no, please provide further details why.

Alternative accommodation

Whilst the legislative frameworks provide effective routes for Registered Providers to end a tenancy where required, Registered Providers have a crucial role in working with tenants to sustain their tenancies and support them with alternative accommodation, if needed.

To reflect this, the proposed Direction requires the Regulator to set a standard with a view to achieving, so far as possible, that Registered Providers must be clear and transparent with tenants about their approach to providing advice and assistance to tenants on finding alternative accommodation before a tenancy ends.

The proposed Direction also requires the Regulator to set a standard with a view to achieving, so far as possible, that Registered Providers take all reasonable steps to engage with tenants in finding alternative accommodation to agree to move to, where moving is necessary because of redevelopment or other works.

Question 9

Do you agree with the proposed requirements for Registered Providers  in relation to tenants finding alternative accommodation before a tenancy ends or where it is necessary for a tenant to move due to redevelopment or other works?

  • yes
  • no

If no, please explain your answer.

Outcome focus

The government believes that people living in social housing should rightly expect their landlord to act transparently and fairly when deciding whether to grant a new tenancy or renew an existing one.

The draft Direction takes an outcome-focussed rather than a prescriptive approach, except for areas where we believe government policy can only be achieved in a prescriptive way. The social housing sector is diverse and prescribing what Registered Providers must do to deliver outcomes can lead to perverse outcomes for organisations and tenants and can stifle growth and innovation.

The outcome-based approach allows Registered Providers to deliver the outcomes in the most appropriate way for their tenants and organisation whilst ensuring they also meet the requirements of legislation and expectations of government.

In addition, we will work closely with the Regulator to understand how it considers its Code of Practice can provide examples of how the outcomes in the standard might be delivered.

Rather than prescribing that Registered Providers must have a policy on tenancy management and the content of these policies, the proposed Direction requires the Regulator to set a standard with a view to achieving, so far as possible, that  landlords are clear and transparent with tenants and, where relevant, prospective tenants about Registered Providers’ approach to tenure related decisions.

This outcome-focussed approach will allow Registered Providers to think about the most appropriate way to be clear and transparent with tenants about their approach to decisions related to tenure and tenancy management. It reflects the Regulator’s wider approach to regulation, which is based on outcomes rather than prescribing specific actions. It gives landlords flexibility in how they deliver the outcomes of the standards, while still making sure tenants get the information they need and can hold their landlord to account.

In line with this approach, the proposed Direction avoids duplication by not including provisions within the 2012 Direction which detailed requirements that are already set out in law. This includes, for example, maximum terms where introductory tenancies are granted.

Question 10

Do you agree that the proposals support an outcome-based approach?

  • yes
  • no

If no, please explain your answer.

About this consultation

This consultation document and consultation process have been planned to adhere to the consultation principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation will be published to comply with section 197(8) of the Housing and Regeneration Act 2008. Names of individual respondents will not be published. In addition, responses may be published or disclosed in accordance with the access to information regimes (primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA), the UK General Data Protection Regulation, and the Environmental Information Regulations 2004). In certain circumstances this may include personal data when required by law.

Due to the legal requirement to publish responses, we are not able to guarantee confidentiality in respect of your response. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the department.

The Ministry of Housing, Communities and Local Government (MHCLG) will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the consultation principles? If not or you have any other observations about how we can improve the process, please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.

1. The identity of the data controller and contact details of our Data Protection Officer

The Ministry of Housing Communities and Local Government is the data controller. The Data Protection Officer can be contacted at dataprotection@communities.gov.uk or by writing to the following address:

Data Protection Officer
Ministry of Housing Communities and Local Government
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please do not share criminal offence data or special category personal data if we have not asked for it unless absolutely necessary for the purposes of your consultation response. By ‘special category personal data’, we mean information about a living individual’s:

  • race
  • ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade union membership
  • genetics
  • biometrics
  • health (including disability-related information)
  • sex life; or
  • sexual orientation

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by MHCLG of a task in the public interest/in the exercise of official authority vested in the data controller.  Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation. The publication of your personal data is lawful under article 6(1)(c) of the UK General Data Protection Regulation as it is necessary for compliance with a legal obligation to which MHCLG is subject. The relevant legal obligation is the obligation in s197(8)(b) for the Secretary of State to publish each response to a consultation.

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or criminal offence data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows. The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and paragraph 6 of Schedule 1 to the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by paragraph 6 of Schedule 1 to the Data Protection Act 2018.

4. With whom we will be sharing your personal data

MHCLG may appoint a ‘data processor’, acting on behalf of the department and under our instruction, to help analyse the responses to this consultation. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for 2 years from the closure of the consultation unless we identify that its continued retention is unnecessary before that point.

6. Your rights, e.g. access, rectification, restriction

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you and ask to access it

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO online, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@communities.gov.uk or

Knowledge and Information Access Team
Ministry of Housing Communities and Local Government
Fry Building
2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect consultation responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will be transferred to our secure government IT system as soon as possible, and it will be stored there for 2 years before it is deleted unless we identify that its continued retention is unnecessary before that point.

Annex A

The proposed Direction will replace the existing Direction on tenure. A summary of the differences between the 2 Directions is set out below.

Area of change Change
Definitions New Direction clarifies definitions to aid understanding and consistent application across the sector. Where legislation provides clear definitions, the new Direction avoids repeating these. Changes include updating the definition of ‘intermediate rent’ to link to the definition outlined in the new policy statement on rents for social housing published on 28 January 2026.
Scope of Direction and who it applies to New Direction brings social housing stock owned by local authorities outside a Housing Revenue Account (HRA) within scope of the Direction. This will align with the Regulator’s existing scope for its consumer standards which relate to social housing and includes both Local Authority Registered Providers with and without HRA stock.
Tenancy reforms to reflect Act changes New Direction removes references to assured shorthold tenancies abolished under the Act and ensures that Private Registered Providers are able to implement new legal provisions introduced by the Renters’ Rights Act as intended in respect of granting tenancies.  Rather than list certain tenancy types, Registered Providers must,  have regard to granting the most secure tenancies suitable.  This will be of relevance particularly to local authorities who can offer flexible and secure tenancies.
Redevelopment and other works and Alternative Accommodation New Direction requires that the Regulator sets a standard with a view to achieving, so far as possible, that Registered Providers be clear and transparent with tenants about their approach to providing advice and assistance to tenants on finding alternative accommodation before a tenancy ends. 

New Direction also includes an expectation that Registered Providers  take all reasonable steps to engage with tenants in finding alternative accommodation to agree to move to, where moving is necessary because of redevelopment or other works.
Making the Direction more outcomes focussed to align with the regulatory framework New Direction will align with the wider outcomes-based approach to regulatory standards. It removes the requirement that Registered Providers publish clear and accessible tenancy policies and instead requires the Regulator to set a standard with a view to achieving, so far as possible,  that landlords are clear and transparent with tenants (and prospective tenants where relevant) about tenure related decisions and their approach to tenancy management. 

New Direction does not include provisions within the previous 2012 Direction which set out maximum periods for probationary tenancies outside the scope of the Act reforms offered by local authorities. These requirements are set out in law, which Local Authority Registered Providers must already follow and do not need to be repeated in the Direction.