Regulation and reality: towards a tenant-centric understanding of social housing law

Historically, 'social housing' has invariably been understood as a system of state regulation, oversight and control.[1] The sector provides accommodation for 17% of the population,[2] yet some worryingly suggest that it is 'governed through obscurity'.[3] Indeed, the regulatory framework for social housing does not provide tenants with enforceable rights, and instead focuses heavily on financial governance through a 'shared regulatory community'.[4]

The potential perils of inadequate governance and redress mechanisms were brought to the fore by the tragedy that unfolded at Grenfell Tower in June 2017, which claimed at least 71 lives. The incident unearthed concerns that some housing providers are failing to listen to the desperate demands of tenants, such as the members of Grenfell Action Group, and raised doubts about the effectiveness of current regulatory instruments.[5] If we assume that social housing regulation is for the benefit of tenants, the apparent inability of the system to provide a remedy in this case raises a more general issue: to what extent are tenants aware of the current regulatory settlement, and does it provide the meaningful safeguards that they desire?

Research question:

Does the current system of social housing regulation adequately serve the needs of tenants, and does it sufficiently involve and empower tenants as key stakeholders in the regulatory process?

Research objectives:

1. Construct a tenant-centric legal ethnography of social housing regulation.
2. Develop and apply a theoretical framework to original qualitative research to understand how tenants interact with social housing regulation.
3. Determine whether there is a need for further policy research to realign the regulatory system with the understandings and expectations of tenants.

Methods:

The research aims to provide a tenant-centred appreciation of social housing regulation by constructing a multi-site ethnography.[23] It will use networks developed by the author through organisations such as Greater Manchester Housing Action and Tenants' Union Manchester to reach tenants, including those who are not involved in recognised participation and governance structures. Such access is key to successful ethnographic research,[24] and through overt immersion within at least two representative bodies comprised of social housing tenants (e.g. residents' associations) and one housing provider (e.g. a housing association), the researcher hopes to provide an insight into the influence of regulation on the conduct of these groups. This has the potential to further our understanding of how landlords approach tenant engagement, the ways in which tenants make sense of such interactions, and the extent to which either group invokes legal and regulatory norms.[25] These methods will be developed during the MA Social Research with a view to utilising a mixed methods approach, including quantitative elements to contextualise the study.

Impact:
At a time when 'the very fabric that has held the system of affordable housing together is being unpicked',[26] the ESRC UK Collaborative Centre for Housing Evidence has emphasised that housing policy cannot be 'based on assumptions or beliefs rather than fact'. This ethnographic study hopes to take steps to address this by engaging directly with tenants to produce policy-focussed academic outputs. Summaries of findings will be made openly available, and shared through active engagement with interested organisations at events and on social media to provide a breadth of distribution channels.