Social housing administration
Produced in partnership with Eleanor James of Trowers & Hamlins LLP
Social housing administration

The following Restructuring & Insolvency practice note produced in partnership with Eleanor James of Trowers & Hamlins LLP provides comprehensive and up to date legal information covering:

  • Social housing administration
  • Insolvency of private not-for-profit registered providers of social housing
  • Insolvency before the housing administration regime
  • Powers of the social housing regulator under the Housing and Regeneration Act 2008 on insolvency
  • Background to the housing administration legislation
  • Housing administration
  • Moratorium process

Social housing administration

Insolvency of private not-for-profit registered providers of social housing

The social housing sector in England is commonly described as a ‘no default’ sector. This refers to the fact that there has not been an insolvent winding-up of any English private not-for-profit registered provider of social housing (or NFPRP), certainly not in relation to an NFPRP of any significant size. Where troubled providers have found themselves in financial difficulties, the social housing regulator (in various historic guises) has to date managed to use its powers of regulatory intervention and its influence with the sector's creditors to arrange for takeovers of struggling providers by ‘white knights’, usually larger providers operating in a similar geographical area to the distressed entity or ones with relevant professional expertise.

2016 saw the enactment of the Housing and Planning Act 2016 (HPA 2016). HPA 2016, Chapter 5 sets out aspecial administration procedure—housing administration—which applies to private registered providers of social housing (PRPs (which definition would include NFPRPs)). The housing administration regime does not apply to local authority providers.

Insolvency before the housing administration regime

When considering an insolvency of a PRP prior to the introduction of the housing administration regime under HPA 2016, it was necessary to consider the interplay between the powers of the social housing regulator on any insolvency and the position on insolvency under the general law which applied to

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