Taking and enforcing security from social housing entities
Produced in partnership with Neil Waller of Trowers & Hamlins
Taking and enforcing security from social housing entities

The following Banking & Finance practice note Produced in partnership with Neil Waller of Trowers & Hamlins provides comprehensive and up to date legal information covering:

  • Taking and enforcing security from social housing entities
  • Key issues to consider when taking security from social housing entities
  • Status and capacity
  • Regulatory status
  • Corporate status
  • Charitable status
  • Sector specific notifications that may need to be made
  • Compliance with The Charities Act 2011
  • Registration issues
  • Security granted by CBSs
  • More...

The nature of social housing entities and the regulatory regimes that they fall under mean that additional issues need to be considered when taking security from them or enforcing security provided by them.

This Practice Note explains the key issues to consider when taking or enforcing security from social housing entities that are particular to a social housing financing context.

For information on taking and enforcing security in a general context, see: Taking security—overview and Enforcing security—overview.

Key issues to consider when taking security from social housing entities

The key issues that arise when taking security from social housing entities relate to:

  1. the status and capacity of the social housing entity

  2. sector specific notifications that the social housing entity may need to make

  3. for certain types of social housing entities, compliance with the requirements of the Charities Act 2011 (CA 2011)

  4. for certain types of social housing entities, registration with the Mutuals Public Register

  5. issues around cross-collateralisation

  6. priority issues when taking security over a property owned by a social housing entity

  7. how security trusts are used in social housing finance, and

  8. why it is uncommon to find floating charges in social housing finance

Status and capacity

The first issue to consider when taking security from a social housing entity is the regulatory, corporate and charitable status of the entity which is proposing to give the security.

Regulatory status

Most social housing entities

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