Significant Performance Failure
Extract from the Scottish Housing Regulator's web site:
If you are a tenant of a registered social landlord (RSL), such as a housing association or co-operative, or if you are a council tenant, you can report a significant performance failure (SPF) to the us. A group of tenants or an individual acting on behalf of tenants, such as a representative of a registered tenants’ organisation, can also report an SPF to us.
This factsheet explains what an SPF is and how you can report an SPF.
Complaints about your landlord
An SPF is not an individual tenant complaint about services. If you have a complaint, for example if you are unhappy about how your landlord carried out repairs to your own home, then you should raise this directly with
your landlord through its complaints procedure. You can get a copy of the complaints procedure from your landlord. A separate factsheet on making a complaint about a landlord is available on our website, Complaints about a regulated body.
What should I do if I think there is an SPF?
If you think there is an SPF you firstly need to raise the issue directly with your landlord. You should give your landlord the chance to respond within its published timescale and reasonable time to address the issue.
If your landlord has not dealt with the issue then you can report an SPF to us.
How do I report an SPF?
To report an SPF, you should complete the form attached to this factsheet. You should tell us exactly what the issue is and demonstrate that it significantly affects a number of the landlord’s tenants. You should also tell us when you raised it with the landlord and how the landlord responded.
We will contact you within five working days of receiving your reported SPF to tell you what we will do and our timescales.
What will we do?
» look at the information to decide whether it is, or could be, an SPF;
» ask you for further information if we need it;
» ask the landlord for information if we need it;
» decide whether we need to contact other regulatory bodies;
» keep you updated about progress and tell you when we aim to make a decision; and
» write to tell you and the landlord our decision and the reasons.
We will decide whether it is an SPF as quickly as possible. The length of time it takes will depend on:
» how complex the issue is;
» the amount of information we need to gather and look at; and
» how quickly we get the information we need.
What is a significant performance failure?
We have set out in our Regulatory Framework what we mean by an SPF. An SPF is where a landlord:
» consistently and repeatedly fails to achieve outcomes in the Scottish Social Housing Charter or outcomes agreed locally with tenants; or
» has not reported its performance annually to its tenants or the annual reported performance does not reflect actual performance; or
» has materially failed to meet our Regulatory Standards; and
» the landlord’s action(s), or failure to take action, puts tenants’ interests at risk and this significantly affects a number of the landlord’s tenants.
An SPF could happen where a landlord:
» fails to carry out health and safety requirements, such as annual gas safety checks;
» is not maintaining tenants’ homes or carrying out repairs in line with its legislative duties and published policies;
» fails to have appropriate governance and financial procedures in place or apply them; or
» does not consult tenants about issues such as proposed rent increases and other policies that affect tenants.
Go on line fot the significant performance failure reporting form at: https://www.scottishhousingregulator.gov.uk/for-tenants/complain-about-a-landlord/significant-performance-failure-reporting-form