Reflections on the NHF’s Housing Associations in 2025 Strategic Review

• 5 February 2025
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Last month the National Housing Federation (NHF) published their Housing Associations in 2025 Strategic Review, which has been published in advance of their new five-year business strategy starting in April 2025 as well as reflecting the change in government in 2024. The review includes interesting feedback from their members on where they consider the Housing Association sector is now, as well as listing three priorities for the sector. 

Within those priorities, the following caught my eye in respect to potential legal developments this year: 

1. Delivering good homes and energy efficient homes – practically, there is still a lot for Housing Associations to do in respect to upgrading their existing stock. As part of that, the NHF has identified retrofitting as a key focus area for the sector and having a clear plan by 2030 for the path to net zero by 2050. This also reflects the decision by the government to consult (currently ongoing until 26 February 2025) on social housing being subject to more stringent EPC requirements:
   1. requiring a valid EPC throughout the duration of a tenancy (so if the EPC expires then a new one is required to be undertaken even if the same tenant remains in the premises); 
   2. also closing the loophole in respect of renewal lettings not requiring a new EPC; and
   3. (generally for EPCs) EPCs measuring a wider set of matters:
      1. fabric performance;
      2. heating system;
      3. smart readiness; and 
      4. energy cost.
   4. Additionally, the government has announced it intends to consult on increases to the minimum energy efficiency standards (MEEs) for domestic properties (including social rented which have not previously been caught by MEEs) from the current rating E requirement to rating C by 2030. The NHF acknowledges that Housing Associations generally already have plans in place to achieve rating C by 2030, but if the requirement is confirmed in the MEEs regulations this will add further pressure to the sector.
   5. Having provisions in leases or tenancy agreements to enable the landlord to obtain access to the premises to survey premises for the purposes of updating EPCs or undertaking works to retrofit the premises will become more important for Housing Association landlords. “Green lease” provisions as they are sometimes called have become reasonably common in commercial property leases, but these are less prevalent in residential leases and tenancy agreements. 
2. Collection of data for demonstrating the delivery of good homes and services – data collection will enable Housing Associations to better evidence the impact their services are having on residents and improvements made to the performance of their housing stock (such as collating energy efficiency metrics). Some of the data may be obtainable from building management systems or “landlord side” equipment. However, there is some data which may require the tenant’s consent such as on individual premises’ energy usage. Including terms in leases and tenancy documents to permit the landlord to recover that data will assist in collating the evidence. Additionally, Housing Associations will need to be careful to comply with UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 requirements (which they are already used to complying with) in collecting such data. 
3. Trusted partners for residents – NHF highlighted that the consumer regulatory requirements being brought in under the Digital Markets, Competition and Consumers Act 2024 will make mandatory standards, which under the NHF’s Charter were already required. However, it is a useful reminder of further regulatory updates which Housing Associations will need to take account of in interacting with their residents and prospective residents.
4. Enhancing existing relationships with local and regional authorities – working with devolved authorities may be familiar to some Housing Associations in England (such as in London, where the Greater London Authority plays a key role in providing grant). The new devolution policy set out in a white paper published on 16 December 2024 will empower Strategic Authorities across England and crucially give them control of grant funding for housing (as is already the case in London). NHF has highlighted that Housing Associations will need to build upon their existing relationship with local decision makers and obtain a better understanding of how best to navigate devolved structures and funding. 

“Our sector is determined to do more and to meet the multiple challenges it faces head on”

https://www.housing.org.uk/globalassets/files/business-strategy-2022--25/nhf_strategy_report_final_2.pdf