Supported Housing Regulatory Oversight Act

The Supported Housing (Regulatory Oversight) Act 2023 introduces powers to create a licensing regime for supported housing, set National Supported Housing Standards for England and link the payment of Enhanced Housing Benefit to holding a supported housing licence. It also places a duty on local housing authorities to undertake a current and future needs assessment and produce a supported housing strategy.

The consultation on the implementation of the Act ended on 15th May 2025 and the guidance and implementation timetable are yet to be published. Secondary legislation will be required to enact the regulations so Homeless Link believes this will not come into force before 2027.

Under the current proposals, the main implications for providers are likely to include:

• Meeting and evidencing the National Supported Housing Standards. The proposed standards are: Person-centred support; Empowerment; Environment; Staff and safeguarding; Local need; Responsible person; Statement of purpose. Good quality services should be able to meet these standards, although this may bring an increased administrative burden.
• As licences will be held by the landlord, where the landlord is not also the support provider, the landlord will need to be able to show that the support provider is meeting the National Supported Housing Standards.
• Close working with the local authority. The provider must be able to evidence involvement of the local authority in setting up the scheme (even if not commissioned), that there is a ‘local need’ and this be countersigned by the local authority.
• The cost of becoming licenced, although for some services this may be offset by the Supported Housing Licence replacing the need for an HMO licence.
• The interaction with other regulatory regimes:
  • There are two exemptions suggested in the consultation, Community Accommodation Service 2 (CAS2) schemes and Ofsted registered services that only house 16- and 17-year-olds (so 16-21 or 25 services may have dual regulation).
  • Registered Providers will not be exempt from licences; however, the consultation is not suggesting new accommodation standards, rather buildings should meet the existing accommodation requirements and standards relevant to their housing tenure.
  • The consultation does not propose that commissioned services will be exempt from needing a licence, but suggests that local authorities should have discretion to treat commissioned services as complying with the National Supported Housing Standards without the need for an inspection.
  • It is unclear how CQC registered services will be treated.
  • A supported accommodation provider will need to hold a licence in order for its residents to be eligible to receive Enhanced Housing Benefit. The Government are also looking at introducing a minimum threshold of support provided in order for Enhanced Housing Benefit to be payable, and introducing more detailed definitions for ‘care, support and/or supervision’ in Housing Benefit legislation, which could impact the type and the amount of support that providers need to deliver.
  • It is important to note that all of the above is subject to change. The Government received a substantial amount of feedback in response to the consultation, and have indicated that they are working through adapting aspects of the proposals to minimise unintended consequences for providers. For example, they could expand the eligibility for which services that are already regulated by other regimes are exempt from needing a licence.
  • This information will be updated as soon as the Government confirm how they plan to proceed with the proposals.

Homeless Link is working extensively to influence the implementation of this regulation.

Our submission to the formal consultation is linked above.

Our blog on the latest intelligence on the regulations is linked above.

Or you can contact Alex Worrell for more updates.