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Press release

RSH takes enforcement action against Concept Housing Association

The Regulator of Social Housing takes enforcement action against Concept Housing Association and launches investigation into Hexagon Housing Association

The Regulator of Social Housing has today announced that it is taking enforcement action against Concept Housing Association.

This follows a sustained period in which Concept has failed to address serious failings in the way it is run.

Its approach to business planning is weak and the way it manages risk is inadequate. Social  landlords must act in the best interests of tenants – not those of external organisations. But Concept cannot demonstrate that its arrangements with external organisations are appropriate.

Concept has not managed its affairs effectively. RSH does not have confidence in Concept’s long-term viability or its ability to protect tenants’ homes from undue risk, with a significant financial deterioration in recent months. Its financial statements remain overdue to RSH by over a year.

RSH has pushed Concept to address these issues, but it has repeatedly failed to do so. As a result, RSH is using its powers to make Concept:

  • Commission a third-party insolvency expert to develop a wind-down plan. This will outline the steps that Concept would need to take to protect tenants in the event of further deterioration of its financial position.
  • Get an independent review of board and executive skills, to identify the gaps that need addressing, and produce a plan rapidly afterwards to address them.
  • Give RSH evidence and independent assurance that it is meeting health and safety obligations for all its social homes – and that a plan is in place to address any issues.
  • Use these independent reviews to produce a credible improvement plan that demonstrates a clear route to compliance.

Should Concept fail to comply, RSH will take further action.

RSH Chief Executive Jonathan Walters said:

“Our standards set vital protections for social housing. Landlords need to be well run and financially viable, so they can ensure tenants’ homes stay in the social housing sector.

“Concept has failed to address our concerns and hasn’t put things right despite our intensive engagement.

“We will not accept this. So today we are using our powers to make Concept address its widespread failings.”

In addition, RSH has announced that it is currently investigating matters which may indicate serious failings in Hexagon Housing Association delivering the outcomes of the Governance and Financial Viability Standard.

Hexagon has been added to RSH’s gradings under review list and the outcome of the investigation will be confirmed in a regulatory judgement, once completed.

Ends

Notes to editors

  1. A registered provider is responsible for ensuring that it manages itself effectively, achieves the standards set by RSH, and engages positively with its regulatory framework. Where a failure against a standard or other problem has been identified, RSH expects providers to respond in a prompt and effective manner. It may be necessary for RSH to step in and exercise its powers under the Housing and Regeneration Act 2008 as amended (the Act) when a provider fails to do so. The regulator has published guidance on how the regulator uses and intends to use its statutory regulatory and enforcement powers.
  2. Sections 219 to 225 of the Act allow the regulator to require a registered provider to take specified action to resolve a specified failure or other problem.  Sections 251 to 252 of the Act allow the regulator to require a registered provider to appoint a manager to manage the entirety of their affairs relating to social housing or specific aspects of social housing. Section 269 of the Act enables the regulator to appoint one or more persons as an officer of a private registered provider.
  3. RSH promotes a viable, efficient and well-governed social housing sector able to deliver more and better social homes. It does this by setting standards and carrying out robust regulation focusing on driving improvement in social landlords, including local authorities, and ensuring that housing associations are well-governed, financially viable and offer value for money. It takes appropriate action if the outcomes of the standards are not being delivered.
  4. If RSH is investigating a landlord due to suspected serious failings, it may place them on the gradings under review list. This is likely to be where engagement is ongoing and RSH thinks it is appropriate to alert stakeholders to the fact that it has serious concerns about that landlord’s delivery of the standards outcomes, which it is investigating. More information about the gradings under review list and RSH’s approach is available on its How we approach regulatory judgements and gradings page.
  5. For media enquiries please contact Vicky.Moore@rsh.gov.uk or Christian.Cosby@rsh.gov.uk. For general enquiries email enquiries@rsh.gov.uk