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Regulatory judgements: 11,000-home landlord hit by governance downgrade

An 11,000-home housing association based in the South East of England has been downgraded on governance by the Regulator of Social Housing (RSH), with the RSH calling on the landlord to strengthen its stress testing processes and improve its understanding of cost drivers within the organisation.

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Regulatory judgement: 11,000-home landlord downgraded for governance #ukhousing

The regulator has published its latest round of regulatory judgements with @SwanHousing @Brunelcare @Redkitehousing #ukhousing

There were a number of downgrades and one upgrade in the @RSHEngland latest regulatory judgements. For all the latest judgements visit @insidehousing #ukhousing

Swan Housing Association saw its rating for governance moved from a G1, the highest rating an association can achieve, to a G2, meaning the organisation is compliant with the regulator’s requirements on governance but needs to improve some aspects to support continued compliance.

The narrative judgement on Swan was one of a number of reports published by the regulator in its monthly regulatory judgement released today (see table below).

In the report on Swan, the regulator said that the association needed to strengthen its stress testing by including a wider range of risks in the scenarios it assesses as this would improve the organisation’s understanding of the impact of potential risks and better inform its business plans.

The report also said that while Swan had a clear value for money strategy, its board needed to demonstrate that it had a more thorough understanding of its cost drivers to maintain compliance with the regulator’s Value for Money Standard.


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Earlier this week, the regulator reported in its annual value for money report that the reporting within housing associations this year was “mixed” and warned registered providers that reporting must meet requirements and year-on-year reporting weaknesses will be reflected in regulatory judgements.

Swan maintained its V2 rating for the regulator’s Financial Viability Standard, meaning the association is compliant with the regulator’s requirements and has the financial capacity to deal with adverse scenarios but needs to manage material risks to ensure continued compliance.

Swan’s income was generated from an increasing sales programme to maintain its financial strength, the regulator said. It added that this exposes the landlord to a range of market conditions and means that it is susceptible to the crystallisation of a series of housing market and economic risks which require ongoing management.

Swan plans to develop 1,684 new homes over the next six years, and is currently involved in a number major regeneration schemes including the regeneration of areas in Purfleet and Southend. Swan has been contacted for comment.

A statement from Swan said: "Our board and executive team are determined to learn from the feedback from the regulator to strengthen our business further.

"We have taken steps to embrace the regulator’s recommendations with immediate effect. Our board have already held a strategy day, with external advisors, as a start of a detailed and thorough review which will implement a range of detailed improvements to address the areas in which the regulator requires further assurance.
"We welcome the recognition of our continued financial viability and the work we have done to reduce our cost base and are committed to further demonstrating our compliance with the Value for Money Standard and our ability to provide best value whilst continuing to build more, much needed, new homes in Essex and East London in the short, medium and longer term."

In another judgement published today, Red Kite Community Housing was downgraded on governance after it was defrauded of nearly £1m in a cyber scam.

Elsewhere support care provider Brunelcare saw its financial viability downgraded from V1 to V2. The provider, which manages 1,100 homes in Bristol and North Somerset, maintained its G2 rating for governance.

The regulator said that while the association had an adequately funded business plan and sufficient security in place, it did have material exposures which it needed to manage to ensure continued compliance.

It added that Brunelcare’s financial plan had increased exposure to the housing market as more of its revenue was reliant on sales, while increased spending on improving housing stock would put operating margins under pressure and reduce headroom cover.

In response to the judgement, Brunelcare said: "The regrade reflects the organisation’s commitment to invest in its properties, following a full stock condition survey, and the resources required to do so.

"It also takes into account the potential of not achieving a limited number of property sales in the coming year, as Brunelcare invests in new shared ownership housing provision for the community.

"Brunelcare welcomes the regulator’s comment that the organisation ‘has an adequately funded business plan, sufficient security in place and is forecast to meet its financial covenants’.”

Meanwhile, Bournemouth Churches Housing Association (BCHA), which owns around 1,800 units across the South West of England, had its financial viability rating upgraded from V2 to V1.

In its previous assessment, the regulator found BCHA, which plans to develop 210 homes over the next four years, had a “material reliance on volatile contractual income and therefore reduced its ability to manage adverse events”.

However, it has now been upgraded following the delivery of its ongoing efficiency programme, which includes purchasing properties previously managed on behalf of others.

In another ratings upgrade, Essex-based Greenfields Community Housing had its governance rating upgraded from G2 to G1.

In May 2018, the regulator identified that Greenfields needed to improve aspects of its risk management and internal controls assurance after it failed to comply with its own policies and processes for property services and procurement.

Greenfields has since developed a five-year corporate strategy under a new chief executive and a review of its board skills has been undertaken to ensure the board’s skills are aligned with the corporate objectives.

Greenfields owns around 8,847 homes in Braintree District Council and plans to develop 1,787 homes by March 2025.

Responding to the judgement, Emma Palmer, chief executive of Greenfields Community Housing, said:

“This very welcome decision recognises the huge amount of work carried out by Greenfields’ staff, board and volunteer residents over the last two years.

“We are now in an even stronger position to work alongside our residents, communities and partners to provide superb homes and services in brilliant communities to those who need them.”

The regulator also confirmed today that both 23,000-home Longhurst Group and 3,000-home Colne Housing, which is currently in merger talks with Greenfields, maintained their G1/V1 rating.

Regulatory judgements published on 29 January 2019

ProviderGovernanceViabilityExplanation
Colne Housing SocietyG1V1No change to gradings
Bournemouth Churches Housing AssociationG1V1Viability upgrade
BrunelcareG2V2Viability downgrade
Greenfields Community HousingG1V1Governance upgrade
Longhurst GroupG1V1No change to gradings
Red Kite Community HousingG2V1Governance downgrade
Swan Housing AssociationG2V2Governance downgrade and changed basis for viability grade

Regulatory judgements in England explained

The Regulator of Social Housing publishes regulatory judgements for all providers owning 1,000 or more social housing homes.

These judgements set out whether the provider is complying with the regulator’s governance and financial viability standards.

The regulator carries out an assessment either through a scheduled in-depth assessment, or reactive engagement (in which the regulator acts following information about a provider).

It then awards the provider a rating from one to four for financial viability (V) and a separate rating from one to four for governance (G).

Providers must score two or higher in both categories to be judged as complying with the standards.

As providers have increasingly taken on more risk to cross-subsidise social and affordable housing delivery through market-facing activity, the regulator has changed a number of associations’ viability ratings from V1 to V2.

The regulator often categorises this kind of regulatory action as ‘regrades’ rather than downgrades. Click here to read more.

 

Key to ratings:

V1/G1: Compliant

V2/G2: Compliant

V3/G3: Non-compliant and intensive regulatory engagement needed

V4/G4: Non-complaint, serious failures, leading to either intensive regulatory engagement or the use of enforcement powers

 

Rating straplines in full:

Governance ratings:

G1: The provider meets our governance requirements.

G2: The provider meets our governance requirements but needs to improve some aspects of its governance arrangements to support continued compliance.

G3: The provider does not meet our governance requirements. There are issues of serious regulatory concern and in agreement with us the provider is working to improve its position.

G4: The provider does not meet our governance requirements. There are issues of serious regulatory concern and the provider is subject to regulatory intervention or enforcement action.

 

Financial viability ratings:

V1: The provider meets our viability requirements and has the financial capacity to deal with a wide range of adverse scenarios.

V2: The provider meets our viability requirements. It has the financial capacity to deal with a reasonable range of adverse scenarios but needs to manage material risks to ensure continued compliance.

V3: The provider does not meet our viability requirements. There are issues of serious regulatory concern and, in agreement with us, the provider is working to improve its position.

V4: The provider does not meet our viability requirements. There are issues of serious regulatory concern and the provider is subject to regulatory intervention or enforcement action.

Jargon-busting: some regulatory terms and what they mean

Jargon-busting: some regulatory terms and what they mean
  • Co-regulation: this means boards are responsible for deciding how to meet the regulator’s standards – the regulator does not prescribe how to do this
  • Gradings under review list: a public list of providers under investigation who are at risk of being judged non-compliant with regulatory standards
  • In-depth assessment: a planned inspection, in which the regulator assesses a providers viability, governance and approach to value for money
  • Narrative regulatory judgement: a detailed explanation of the reasons behind a regulatory judgement. Narrative judgements are published where a providers’ viability or governance ratings have changed, or where RSH has particular issues or concerns.
  • Reactive engagement: refers to the regulator reacting to complaints or allegations about a provider and taking action
  • Stability check: an annual assessment of all providers owning 1,000 social homes or more. RSH uses accounts and statistical return data to check for any changes in a providers’ risk profile.
  • Strapline regulatory judgement: where a provider is meeting the standards, and its governance or viability ratings have not changed since its previous judgement, the regulator does not publish a full judgement explaining its reasons for the gradings. Instead it just publishes the gradings themselves, in a ‘strapline’.

 

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