The Supported Housing (Regulatory Oversight) Act 2023: where things stand in October 2026

The Supported Housing (Regulatory Oversight) Act 2023 is a law that gives the government powers to set National Supported Housing Standards for supported housing in England, to require supported exempt accommodation to be licensed by councils, and to link residents' Housing Benefit to that licensing. As of October 2026, the licensing and Housing Benefit regulations have not been made, so there is no licence to apply for yet.

It is the biggest change to supported housing in England in a generation, and it is also widely misunderstood. Plenty of articles still describe licensing as imminent, or list standards that have since been dropped.

This guide sets out what the Act does, what has actually happened since it became law, what is still to come and what providers can do now. It reflects the position as of October 2026, and we will keep it updated as things move.

Is the Supported Housing Act in force?

Technically, yes. The Act received Royal Assent on 29 June 2023, and section 14 brought the whole Act into force two months later.

In practice, most of it is not yet doing anything. The Act mainly gives the government powers. Those powers only bite once the government makes regulations, and as of October 2026 the licensing and Housing Benefit regulations have not been made.

Why the Act came about

The Act grew out of years of concern about exempt accommodation, the supported housing where higher rents are paid through Housing Benefit on the basis that residents get care, support or supervision. Most providers do good work. But the system allowed some landlords to claim high rents while offering little real support, in poor-quality housing, with almost no oversight.

The House of Commons Levelling Up, Housing and Communities Committee reported on exempt accommodation in October 2022, calling for national standards and stronger powers for councils. The government backed a Private Member's Bill from Bob Blackman MP, which became this Act. Before that, government-funded pilots in five council areas had shown what closer oversight could find, from Housing Benefit paid in error to thousands of property hazards. Our guide to preparing for a supported housing audit covers what those pilots found.

What the Supported Housing (Regulatory Oversight) Act does

In plain terms, the Act:

• Sets up a Supported Housing Advisory Panel to advise the government and councils.
• Requires councils to review supported housing in their area and publish a local supported housing strategy, then refresh it at least every five years.
• Lets the government publish National Supported Housing Standards covering both the accommodation and the care, support or supervision.
• Lets the government require licensing of supported exempt accommodation in England, run by councils. The licensing powers in section 5 include a fit and proper person test, licence conditions, fees set to cover councils' costs, and enforcement through criminal offences punishable with a fine.
• Allows regulations that remove or restrict Housing Benefit where accommodation is not properly licensed.

What has happened since 2023

February to May 2025: consultation. The government consulted on licensing, the standards and changes to Housing Benefit. The consultation ran from 20 February to 15 May 2025.

February 2026: strategy guidance. The government published statutory guidance on local supported housing strategies. The plan is for councils to publish their first strategies by 31 March 2027, a date still to be set in regulations, with annual data returns expected from spring 2027.

March 2026: the advisory panel. The Supported Housing Advisory Panel was formally set up, chaired by Sir David Pearson.

April 2026: the government's response. On 16 April 2026 the government published its response to the consultation, updated in June. This is the most important document so far, because it settles what licensing will look like.

What supported housing licensing will look like

According to the government response:

• Licensing will be run by councils for supported exempt accommodation in England.
• Housing Benefit will be linked to licensing. The government says it will amend the Housing Benefit regulations to link the new licensing regime in England to Housing Benefit entitlement. In practice, enhanced rent will depend on the provider being licensed.
• There will be a fit and proper person test for licence holders.
• Licence holders will have to meet conditions, including complying with the National Supported Housing Standards and making sure a needs assessment is done when a resident moves in, or within four weeks if that is not possible.
• Licence fees will cover councils' costs, with no surplus. The government accepts fees should ultimately be paid for through the public purse.
• Some services are exempt. These include accommodation for people leaving custody commissioned by the Ministry of Justice (such as CAS2), council-managed accommodation where the support is commissioned by the council or another public body, commissioned domestic abuse services, age-restricted housing for people over 55 regulated by the Regulator of Social Housing, almshouses, and supported housing with at least one Ofsted-regulated bed for residents up to 25. Providers will have to tell the council they are exempt, with a right of appeal if the council disagrees.
• The regime will be reviewed after three years.

The six National Supported Housing Standards

The government response confirms six standards:

1. Person-centred support: support built around each resident's needs, with a tailored support plan and agreed outcomes.
2. Empowerment: residents understand their rights and can complain, with clear, simple and accessible complaints and redress procedures.
3. Environment: clean, comfortable and safe living spaces.
4. Staff and safeguarding: suitable, trained staff and sound safeguarding.
5. Local need: provision that fits what the area needs. This standard applies once councils have completed their supported housing strategies.
6. Statement of purpose: a clear description of what each scheme is for and who it serves.

A proposed seventh standard, the "Responsible Person" standard, was dropped. The government decided it duplicated the fit and proper person test and a new licence condition that service managers must be suitable for the role. If you see an article listing seven standards, it is out of date.

When will supported housing licensing start?

No start date has been announced. The government says it expects to consult on the draft regulations in late 2026, after which they will be laid before Parliament. Commentators including Homeless Link expect licensing to begin some time in 2027 at the earliest. Until regulations are made, nothing changes legally for providers.

One separate change has already happened. From 5 October 2026, new Housing Benefit rules let working-age residents in supported and temporary accommodation keep more of what they earn, so taking on work or extra hours no longer means a sudden drop in income. That came from separate regulations, not this Act, but it matters to residents thinking about work.

What supported housing providers can do now

You do not need to wait for the regulations to prepare. Good providers are already doing most of what licensing will ask for. Practical steps:

• Benchmark against the six standards. Read the government response and check your service against each standard honestly.
• Tighten move-in assessments. Make sure every resident has a needs assessment at or soon after move-in, comfortably within four weeks. Our move-in checklist covers the whole process.
• Make support plans personal. Specific goals, agreed with the resident, reviewed on a schedule, with the reviews recorded.
• Show the support you give. Session records and contact logs are what prove support is more than minimal, today for Housing Benefit and tomorrow for your licence. Our guide to supported housing paperwork lists what to keep.
• Write a statement of purpose for each scheme, if you do not have one.
• Check your complaints process is clear and accessible, and that residents know about it.
• Review governance. The fit and proper person test and the service manager condition will look at who runs your organisation.
• Talk to your council. Councils are writing their supported housing strategies now and are expected to engage providers early.

Where Residoc fits

Residoc is built around the records the standards and licensing will rely on. Needs assessments, support plans, reviews, session records and contact logs are completed through guided forms, signed and filed to each resident, with reviews booked automatically. Providers see what is overdue across the whole service before anyone else does, and can download any resident's file in seconds when a council asks.

See how Residoc helps providers keep these records complete across every worker.

Frequently asked questions

Do I need a supported housing licence now?

No. As of October 2026 the licensing regulations have not been made, so there is no licence to apply for. The government expects to consult on draft regulations in late 2026.

Which supported housing will need a licence?

Supported exempt accommodation in England, the supported housing where Housing Benefit is paid at a higher rent because the landlord provides care, support or supervision. Some services are exempt, including Ministry of Justice accommodation for people leaving custody, commissioned domestic abuse services and almshouses.

What will happen to Housing Benefit if a provider is not licensed?

The government has said it will amend the Housing Benefit regulations to link entitlement to the licensing regime. The detail will be in the draft regulations, which have not yet been published.

How many National Supported Housing Standards are there?

Six: person-centred support, empowerment, environment, staff and safeguarding, local need, and statement of purpose. A proposed seventh, the Responsible Person standard, was dropped in April 2026.

Sources

• Supported Housing (Regulatory Oversight) Act 2023, legislation.gov.uk
• Supported housing regulation consultation and government response, MHCLG and DWP, April 2026, updated June 2026
• Local supported housing strategies: statutory guidance, MHCLG, February 2026
• Exempt accommodation, Levelling Up, Housing and Communities Committee, October 2022
• Government names supported housing advisory panel members, Housing Today, March 2026
• Key changes to how supported housing regulations will be implemented, Homeless Link, April 2026
• Supported housing residents to keep more of what they earn, DWP, October 2026

This article reflects the position as of October 2026 and is general guidance, not legal advice.