Housing providers for the public sector
Coronavirus advice for Public Sector
Leading advisers to Scotland's housing providers
Our Housing Team provides specialist advice to housing providers – whether registered social landlords, local authorities or private developers and investors - on every aspect of their business.
As Scotland’s largest law firm with a specialist housing practice, our multi-disciplinary team of lawyers provides the regulatory, governance, commercial and property advice to meet all of your needs.
We have become trusted advisers to some of the UK’s largest housing providers by delivering innovative, practical and commercial solutions.
We work with a diverse range of organisations and businesses across the public and private sector, including: Scottish Government; local authorities; registered social landlords; joint venture bodies; private sector developers; and urban and community regeneration vehicles
We act for more than 84 Registered Social Landlords (RSLs) ranging from the largest in the country to smaller community-based organisations. Collectively they own or manage more than 75% of the entire RSL housing stock in Scotland, and cover all areas of the country from Shetland and the Western Isles to Scottish Borders and Dumfries and Galloway.
Our lawyers have also acted in every completed Scottish housing stock transfer this millennium.
We act for more than 84 registered social landlords (RSLs) ranging from the largest in the country to community-based organisations – collectively they own or manage more than 75% of the entire RSL housing stock in Scotland. We are independently ranked in the top tier for Social Housing in Chambers UK.
Key contacts - get in touch
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Partner
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Partner
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Partner
Key services
Our team has been involved in many of the most innovative developments in the housing sector in recent years. We can find you a solution on areas including:
- Banking and housing finance, including new funding structures.    Â
- Constitutional partnerships and group structures
- Governance and policy development
- Housing management and anti-social behaviour
- Joint working and shared services initiativesÂ
- Litigation and dispute resolution
- Management, acquisition and disposal of housing portfolios
- New housing development models
- Procurement
- Renewable energy projects
- Shared equity and consumer credit
- Shared equity schemes -including LIFT and Help to Buy (Scotland).
NHC 2021
The 19th edition of the National Housing Conference played an important part in setting out the role of social housing in the country's transition from the social and economic impacts of the pandemic. All content from the week-long event is available on-demand including recordings of the live roundtable sessions.Â
Work examples
Constitutional rules and governance
We have advised an array of housing associations in the amendment and updating of their constitutional rules to ensure full compliance with the regulatory framework. This included obtaining funders’ consent where required, guiding the RSLs’ boards through the process and drafting internal policies and procedures.
Public procurement
We advise many RSLs on public procurement related matters including: drafting tender documentation and contracts; providing options appraisals on methods of procurement and advising on procurement strategies; reviewing procurement policies and procedures; providing advice and representation in contentious procurement disputes.
Development
As well as acting for numerous RSLs in the acquisition and development of sites for affordable housing, we have also acted in relation to more innovative ways of delivering affordable housing. We have acted for different consortia of RSLs in exploring lease-based development structures, including one which was a forerunner to the HARIS vehicle currently being promoted by the Scottish Federation of Housing Associations.Â
We acted for Scottish Government in relation to the development of the legal documentation which underpins the National Housing Trust initiative and we acted for Albyn Housing Society in finalising the first project signed under the NHT variant scheme for RSLs. Recently, we acted for QSH Property in acquiring its first site in Scotland on which it will deliver affordable housng without any public subsidy.
Constitutional partnerships
We have acted in relation to most of the constitutional partnerships which have been undertaken between Scottish RSLs in recent years, including ones where a Scottish RSL has joined a larger group headed by an English registered provider. Examples include acting for Wheatley Housing Group in connection with its partnerships with Cube and Loretto Housing Associations, West Lothian Housing Partnership and Dunedin Canmore Housing; and the partnerships involving West of Scotland HA and Gentoo Group; IrvineÂ
HA and Riverside Group; Caledonia HA and Cordale and Bellsmyre HAs; Tenants First Housing Co-operative and Sanctuary HA; Link Group and West Highland HA; and Moray and Aberdeenshire Housing Partnerships. Our work typically involved extensive legal due diligence on assets and liabilities; helping our clients navigate the legislative, regulatory and governance aspects required for the proposed group structures; drafting intra-group and service agreements and liaising with all the relevant bodies including the FCA, SHR and OSCR.
Housing stock transfers
On housing stock transfers, our team’s experience is unrivalled – our lawyers have acted in every completed Scottish transfer this millennium. Partner Derek Hogg was the lead external adviser to Glasgow City Council when the Council transferred its stock to Glasgow Housing Association (GHA) back in 2003 - at 80,000 homes the largest ever housing transfer in the UK - and more recently we acted for GHA in its programme of second stage transfers, completing 27 separate transfers in an 18-month period.
Funding
We advised Link Group Ltd on the first ever private placement by a Scottish RSL. The deal saw them secure £45m in long-term institutional financing to further their development ambitions. We also regularly act for RSL borrowers in connection with the negotiation of lending facilities, including preparing security documentation and advising on property-related issues.Â
Top-drawer social housing practice with significant experience acting for public sector entities, registered social landlords (RSLs) and private developers. Noted expertise in mergers and transactions throughout the sector and has particular knowledge of the Scottish Help to Buy scheme and stock transfers. Also regularly advises on regulatory and governance matters, and offers expertise in private placement finance deals.
Strengths One client comments: "The breadth and depth of expertise throughout the firm enables Harper Macleod to provide an all-round first-class service."
Chambers UK 2021Another impressed client says:Â "The firm has an excellent reputation for delivering a high level of service and for their in-depth knowledge and experience in the Scottish housing sector."
Chambers UK 2021Regularly instructed in high-profile disputes on a wide range of administrative and public law matters. Particularly known for representing Scottish Government, government directorates, local authorities and other public bodies. Strong focus on judicial reviews and statutory appeals related to procurement, human rights and Brexit.
A source reports: "The advice received has been clear and easy to understand from a non-legal customer point of view."
James McMorrow is highly experienced in handling regulatory matters, in addition to advising RSLs on constitutional partnerships.
"He is a subject matter expert, with a keenly developed knowledge of our sector, the environment in which we operate and the issues we face." "He is very professional and gives clear advice. He is a thoughtful and practical individual."
Chambers UK 2021
Co-head Derek Hogg puts particular emphasis on governance, regulatory and constitutional work. A client comments: 'Derek Hogg has considerable expertise and knowledge of the housing sector and is a recognised industry expert in the regulation of housing associations. Not only did he demonstrate a high level of skill in terms of the advice he gave but also he was very pragmatic in his assessment of the impact of various loan clauses. In this he exhibited a thorough understanding of our organisation and the sector.‘
Chambers UK 2021
The "super" Jennifer Jack is known for her strength in judicial review challenges against the decisions of public authorities, regulators and the courts. A source observes: "She is really thorough, thinks outside of the box and is accessible."
Chambers UK 2021
Co-head James McMorrow is a key contact for corporate, commercial, regulatory and public procurement matters.
Legal 500 2021
Collette Miller is a key contact for social housing legislation and regulatory issues.
Legal 500 2021
Derek Hogg receives high praise for his impressive experience in the social housing market. He advises RSLs, local authorities and other public bodies on a range of governance, regulatory and constitutional issues.
Chambers UK 2021
"Derek has considerable expertise and knowledge of the housing sector and is a recognised industry expert in the regulation of housing associations." "He is very well known, highly respected and highly experienced."
Contact us
Call us for free on 0330 159 5555 or complete our online form below for legal advice or to arrange a call back.
Meet the housing team
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