Decision

Concept Housing Association CIC: Enforcement Notice - 15 October 2026

Updated 15 October 2026

Applies to England

ENFORCEMENT NOTICE

Section 220(1) HOUSING AND REGENERATION ACT 2008 (“The Act”)

Introduction

A registered provider is responsible for ensuring that it manages itself effectively, achieves the standards set by the regulator, and engages positively with the regulator’s regulatory framework. Where a failure against a standard or other problem has been identified, the regulator expects a registered provider to respond in a prompt and effective manner. It may be necessary for the regulator to step in and exercise its powers under section 220(1) of the Act when a provider fails to do so.

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 by issue of an enforcement notice. The regulator has published guidance on its use of this power which can be found here.

The Regulatory Standards that registered providers of social housing are required to meet can be found here together with our approach to regulating the standards.

Grounds for issuing this enforcement notice

On 23 July 2021 the regulator published a regulatory notice concluding Concept Housing Association CIC (Concept) was not meeting the Governance and Financial Viability Standard. The regulator found:

• Significant weaknesses in Concept’s business planning framework;
• Inadequate risk management processes and internal controls;
• That the board has failed to manage its affairs with an appropriate degree of skill, independence, diligence, effectiveness, prudence and foresight; and
• That Concept has failed to demonstrate that the arrangements it has entered into do not inappropriately advance the interests of third parties.

The regulator has engaged intensively with Concept and assessed actions taken by Concept to address the issues raised in the regulatory notice. The regulator has concluded that Concept remains non-compliant with the Governance and Financial Viability Standard in that it has failed to:

• ensure effective governance arrangements that deliver its aims and objectives and intended outcomes for tenants and potential tenants in an effective, transparent and accountable manner;
• manage its resources effectively to ensure its viability is maintained while ensuring that social housing assets are not put at undue risk;
• comply with its chosen code of governance. Governance arrangements have failed to establish and maintain clear roles, responsibilities and accountabilities for the board, chair and chief executive ensuring appropriate probity arrangements are in place;
• manage its affairs with an appropriate degree of skill, independence, diligence, effectiveness, prudence and foresight;
• ensure that it has an appropriate, robust and prudent business planning, risk and control framework which ensures:

(a) there is access to sufficient liquidity at all times;

(b) financial forecasts are based on appropriate and reasonable assumptions;

(c) effective systems are in place to monitor and accurately report delivery of the registered provider’s plans; and

(d) the financial and other implications of risks to the delivery of plans are considered

• assess, manage and where appropriate address risks to ensure its long-term viability, particularly in the light of a significant deterioration in its financial performance in recent months. Concept has failed to ensure that social housing assets are protected by:

(a) maintaining a thorough, accurate and up to date record of its assets and liabilities and particularly those liabilities that may have recourse to social housing assets; and

(b) carrying out detailed and robust stress testing against identified risks and combinations of risks across a range of scenarios and putting appropriate mitigation strategies in place as a result

(c) before taking on new liabilities, ensuring that they understand and manage the likely impact on current and future business and regulatory compliance

• ensure that the arrangements it has entered into do not inappropriately advance the interests of third parties or are arrangements which the regulator could reasonably assume were for such purposes;
• communicate with the regulator in an accurate and timely manner.  Concept has failed to submit its statutory accounts with the regulator, due 30 September 2025 and 30 September 2026, in accordance with the requirements of the Act; and
• provide adequate assurance that it meets exceptions from the Rent Standard for temporary supported housing and intermediate rent accommodation.

In considering whether to serve an enforcement notice, the regulator has considered section 218 of the Act and concluded this is a serious and recurrent case of non-compliance where Concept has failed to address the breach of standards in a prompt and effective manner. The regulator has also taken account of the regulator’s fundamental objectives under the Act and considers issuing an enforcement notice appropriate and proportionate in circumstances where, in the judgement of the regulator, Concept has been unwilling and/or unable to address the breaches of the standards.

The regulator is serving Concept with an enforcement notice by virtue of its powers under sections 219 to 225 of the Act. Specifically, the grounds for issuing an enforcement notice under section 220(1) of the Act are as follows:

• Case 1 (s.220 (2))– that Concept has failed to meet a Standard under section 194 of the Act.

The action Concept is required to take in response

The regulator directs that Concept takes the following actions:

1. Concept must commission third party expertise from a suitably qualified insolvency practitioner and develop a timed and prioritised wind-down plan outlining steps that would be taken to ensure that tenants are protected in the event of voluntary or compulsory de-registration and/or managed wind down. This is to be delivered to the regulator within 28 calendar days of the date of the enforcement notice.

2. Concept must commission a third party with relevant skills and expertise to complete an independent review of board and executive skills, effectiveness and leadership capacity identifying gaps which need addressing. This must take into consideration regulatory expectations, the issues raised in the regulatory notice and the extent of risk exposure and identify gaps that need addressing. This is to be delivered to the regulator within 28 calendar days of the date of the enforcement notice.

3. Following the above independent review of the board and executive team Concept must produce plans, including timescales, to address capacity and capability gaps at pace, including any interim measures, outlining what due diligence will be completed and providing clarity of each role including core competencies and responsibilities. This is to be delivered to the regulator within 14 calendar days of the completion of the independent review at point 2 above.

4. Concept is to provide independent assurance of rent setting compliance for its London intermediate market rent units. This is to be delivered to the regulator within 28 calendar days of the date of the enforcement notice unless divestment of these units concludes and evidence of this is provided to the regulator within the 28-day period.

5. Concept is to submit evidence and independent assurance that landlord health and safety obligations for all social homes are being met and that a plan is in place to address any gaps. This is to be delivered to the regulator within 28 calendar days of the date of the enforcement notice.

6. Concept must commission an independent appraisal carried out by a third party with relevant skills and expertise, and to a scope and timescale agreed with the regulator, which must include a review of all options to address its continued non-compliance with the regulatory standards. This appraisal must be informed by points 1 to 5 once completed and must include producing a credible improvement plan which demonstrates a clear route to compliance to ensure it is able to meet all outcomes of the regulatory standards. This is to be delivered to the regulator within 90 calendar days of the date of the enforcement notice.

7. Concept is required to engage as soon as reasonably practicable with the regulator before entering any agreement to own or manage any additional properties while an enforcement notice remains in place.

The Regulator of Social Housing expectations

The regulator expects Concept to co-operate fully with the regulator and to co-ordinate its communications strategy on all matters relating to enforcement actions with the regulator, and to give the regulator the opportunity to comment on the content and timing of any news releases or other public statements.

Further Information

• In coming to the decision set out in this enforcement notice, the regulator has taken into account all relevant matters referred to in the regulatory framework Statutory guidance under s215 of the HRA 2008 with particular reference to guidance note 5.
• Please note that a registered provider given an enforcement notice may appeal against it to the High Court pursuant to section s.223(1) of the Act.  Any appeal must be brought within the period of 28 days beginning with the day on which the registered provider is given the enforcement notice.
• The regulator may withdraw the enforcement notice at any time pursuant to s.224 of the Act by giving notice to Concept.
• Should Concept fail to comply with this enforcement notice, the regulator will consider exercising other regulatory or enforcement powers (s.225 of the Act).
• The regulator may choose to publicise the serving of this enforcement notice.
• Any information or correspondence pertaining to this enforcement notice should be sent to the regulator, addressed to:

Jonathan Walters
Chief Executive
Regulator of Social Housing
7 – 8 Wellington Place
Leeds
LS1 4AP

E: jonathan.walters@rsh.gov.uk

Signed on behalf of the regulator

Jonathan Walters Chief Executive

Date of enforcement notice: 8 October 2026