Social Housing & Community Development
Key Services
Housing Management
The Group provides comprehensive advice in relation to all housing management issues including:
- Housing (Scotland) Act 2001
- Homelessness etc. (Scotland) Act 2003
- Tenancy agreements
- Allocations
- Succession rights
- Maintenance obligations
Corporate Governance
Social housing providers in both the public and private sector are among the most heavily regulated bodies in the U.K. In addition, increased demands are constantly being placed upon social housing providers and innovative and flexible approaches to the provision of social housing are required. With all this in mind, the Group provides comprehensive and detailed advice in relation to general corporate governance issues including the following:
- Advice on general constitutional issues
- Advising on and drafting rule changes
- Comprehensive review of policies and procedures
- Review of Board and membership structures
- Charitable status
- Bespoke training packages for staff and members
Group and Partnering Arrangements
The Group provides comprehensive advice in relation to group structures, joint ventures and partnering arrangements for social housing providers in both the public and private sectors. Services in this area include:
- Advice on future growth and diversification
- Advice on different types of group structure
- Partnering arrangements and joint ventures
- Transfers of engagements, amalgamations and dissolutions
- Amendment of rules and constitutional implications
- Preparation of protocols/procedures to regulate operation of groups
- Due diligence on prospective group members/ partners
- Registration requirements
- Taxation issues
Property & Conveyancing
Our Property Team acts on behalf of our substantial housing association client base in their acquisition, disposal and development of properties. Incorporated within the Property Team is a highly processed Right to Buy unit, which processes cases on a quality but low cost basis using a Solcase IT system. The Team, which can draw upon the vast experience of one of our partners, Professor Robert Rennie, Professor of Conveyancing at the University of Glasgow, offers the following services:
- Right to Buy
- Shared ownership
- Property acquisitions and sales
- Opinion work on complex property law issues
- Advice on land reform
- Advice in title conditions
- Advice on factoring services
- Homestake and shared equity
Recoveries
Our Recoveries & Insolvency Practice Group acts on behalf of all our housing association clients in relation to debt management, debt recovery and actions of eviction. The team also works a Solcase system enabling a highly effective process based service and also allowing client access to matters to check progress. The team advises on:
- Debt management
- Debt recovery
- Recovery of possession
Funding
The Group has a wealth of experience in acting for both borrowers and the majority of the key institutional lenders in the social housing sector. The Group advises on all aspects of social housing finance including:
- Mainstream funding
- Refinancing
- Development funding
- Facility drafting and negotiation
- LSVT funding
- Group lending arrangements
Transfers
Harper Macleod has been heavily involved in the large-scale voluntary transfer process from the outset and is the only Scottish firm to have been acted in each of the Scottish local authority transfers to date. The Group co-ordinates the work of other relevant specialist practice groups to provide those involved in the stock transfer process with an effective multi-disciplinary service. Our key areas of expertise include:
- Project management services
- Advising on legal strategy
- Appointment of consultants
- Creation of acquiring RSL
- Tenant consultation procedure
- Drafting and negotiation of transfer agreements
- Drafting and negotiation of related agreements
- Property and business due diligence
- Title examination and conveyancing
- Funding strategies
- TUPE and other employment law issues
- statutory and regulatory requirements
- Community regeneration
Procurement and Projects
The Group, in conjunction with the firm's Infrastructure & Project Finance and Construction Practice Groups, advises both registered social landlords and local authorities in relation to any large-scale projects undertaken including:
- Site acquisitions
- Site developments
- Affordable housing projects
- Student accommodation projects
- Community regeneration projects
- Public procurement
- Framework Agreements
Risk Management
The Group provides advice to local authorities and registered social landlords in relation to general statutory and regulatory compliance including:
- Statutory/regulatory compliance "health-check"
- Advising on/preparing dedicated risk management strategies and procedures
- Risk management training for staff and members
- Data Protection audit and enquiries
Litigation & Dispute Resolution
Our Litigation and Dispute Resolution Practice Group has acted on behalf of a large number of registered social landlords in respect of major pieces of litigation including a wide range of tenancy-related issues and complex anti-social behaviour cases.
Employment
Harper Macleod's Employment, Pensions & Incentives Practice Group is one of Scotland's largest employment law practices. The Group prides itself on giving practical HR advice in relation to employment matters and advises the firm's public sector and housing clients in relation to all employment law issues including discrimination, unfair dismissal, TUPE, contracts of employment, compromise agreements, review of policies and procedures and risk management.
