Application form for voluntary deregistration as a private registered
provider of social housing

July 2017

© RSH copyright

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at: www.gov.uk/rsh

Any enquiries regarding this publication should be sent to us via enquiries@rsh.gov.uk

or call 0300 124 5225.

or write to:

Regulator of Social Housing

1st floor – Lateral

8 City Walk

Leeds LS11 9AT

RSH regulates private registered providers of social housing to promote a viable, efficient and well-governed social housing sector able to deliver homes that meet a range of needs.

APPLICATION FORM FOR VOLUNTARY DEREGISTRATION AS A PRIVATE REGISTERED PROVIDER OF SOCIAL HOUSING UNDER S119 OF HOUSING AND REGENERATION ACT 2008

You should NOT complete this form, if:

you have not read the Deregistration requirements and the associated guidance

you are a local authority

Applying for deregistration

You should be aware that a successful application for voluntary deregistration may trigger the repayment of public funds

You should also be aware that the regulator is unlikely to consider an application for voluntary deregistration if:

you have received financial assistance or grant in the last 3 years

you have more than £2.5m of grant or other public finance outstanding at the time of making your application

you cannot evidence to our satisfaction that you have obtained all required consents from lenders to your deregistration

you cannot evidence to our satisfaction that you have obtained agreement from any relevant grant giver or investor about the treatment of any outstanding public funds or grant.

Completing your application

Providers need to supply sufficient information and evidence to satisfy the regulator that approval for deregistration should be given.

The regulator reserves the right to ask for any additional information it deems relevant to the application.

All questions that are relevant to the application must be answered. Providers should answer each consecutive question, unless an instruction on the form says otherwise. If a required question is not answered, the application will be returned.

If there is not enough space on the form, please continue on an additional sheet or expand in a covering letter, making specific reference to the question number(s) you are answering.

Submitting your application

The regulator welcomes and prefers scanned copies of signed applications and supporting documents when they originate from an email address of a provider or its legal advisor. Scanned applications should be sent to mailto:RNTeam@rsh.gov.uk. Please do not follow up a scanned application with the original through the post.

Postal applications should be sent to:

Regulator of Social Housing

1st floor – Lateral

8 City Walk

Leeds

LS11 9AT

By signing this form you are agreeing that the regulator can contact you electronically regarding your application.

Section 1 – Applicant details

Details of the private registered provider making the application – “the Applicant”
Guidance notes Q1 1a - If the Applicant is a member of a group structure, please ensure that the correct group member is named. 1b/c - Please give the full address of the registered office of the provider proposing to deregister (please include the postcode). 1d - Please provide the registration number given by the regulator.
1a	Name
1b	Address
1c	Postcode
1d	HCA registration number
2. Please provide a contact for enquiries about this application, including their phone number and email address.
2a	Name
2b	Job title/ relationship to Provider
2c	Email
2D	Phone
Go to Section 2

Section 2 – Other relevant registrations

3. Please provide the applicant’s registration numbers for all registrations that apply.
3a	Applicant’s Charity Commission number (if applicable)
3b	Applicant’s Financial Conduct Authority register number (if applicable)
3c	Applicant’s Companies House registration number (if applicable)
4. Are you currently a member of the Housing Ombudsman Scheme (or other approved scheme)?
4a	Yes	Go to answer 4c. If not relevant mark this answer as not applicable (N/A)
4b	No	Go directly to Section 3
4c	If you are a member of a scheme other than the Housing Ombudsman, please provide details here
5. Do you intend to remain registered with the Housing Ombudsman Scheme (HOS) (or other approved scheme) if your application for deregistration is successful?
Guidance notes Q5. Membership of the HOS is mandatory for those providers who have received a grant, even if that grant has been repaid. This requirement remains in place even if the provider has deregistered. Those providers who have never received a grant can remain a member of the HOS after deregistration on a voluntary basis
5a	Yes	Go to Section 3
5b	No	Go to Section 3

Section 3 – Grounds for deregistration

6. On what grounds are you applying for voluntary deregistration?
Guidance notes Q6 Section 119 of the Act sets out the grounds on which a private registered provider can apply to the regulator to be deregistered. These are set out below. Please mark the relevant ground with an X. Only one section should be marked. This application for voluntary deregistration is made on the grounds that:
6a	The registered provider is no longer or intends to be a provider of social housing in England
6b	The registered provider is subject to regulation by another authority whose control is likely to be sufficient
6c	The private registered provider meets the relevant criteria for deregistration set by the regulator namely that: satisfactory arrangements are in place to ensure the continued protection of tenants satisfactory arrangements are in place to ensure that there is no misuse of public funds.
7. Please demonstrate how you meet the requirements under your selected basis for deregistration.
Guidance notes Q7 Providers are reminded that supporting documentation should be supplied to support the narrative provided here. 7a. The registered provider no longer is or intends to be a provider of social housing in England. Providers will need to demonstrate that their social housing has either been transferred to another provider or that it has ceased to be social housing in accordance with sections 73-77 of the Act. Where a provider is no longer intending to be a provider of social housing we will need to understand that the business plans submitted at registration are no longer expected to come to fruition. 7b. The registered provider is subject to regulation by another authority whose control is likely to be sufficient. Providers should set out the name of the regulator, the controls it will be subject to and why it believes this will provide sufficient control to protect tenants and safeguard public funds. 7c. The private registered provider meets the relevant criteria for deregistration set by the regulator namely that: satisfactory arrangements are in place to ensure the continued protection of tenants, and; satisfactory arrangements are in place to ensure that there is no misuse of public funds. Providers must demonstrate ongoing financial viability for at least the next 12 months after deregistration, including all debt requirements and likely repair and maintenance expenditure. In the first instance, the regulator will consider the information it already holds about the applicant in assessing whether they demonstrate a satisfactory level of performance against our regulatory standards. However, the regulator may ask for additional information on this point where necessary.
Answer:
Go to Section 4

Section 4 – Details of social housing held

8. Please provide the total number of social housing dwellings where you are currently the landlord
Guidance notes Q8 Count bed spaces only when describing a shared dwelling such as a hostel; otherwise 1 unit = a dwelling with its own kitchen and bathroom 2 units = 2 dwellings e.g. 1 house split into 2 flats, etc.
8	Number
9. Please list all the local authorities where you hold social housing
Answer:
10 Do you have nomination agreements with any or all of the local authorities listed at question 9?
10a	Yes	Go to question 11
10b	No	Go to question 11
11 Is any of your social housing subject to inspection by any or all of the local authorities listed at question 9?
11a	Yes	Go to question 12
11b	No	Go to question 12
12 Are you the landlord of any social housing that provides care or support services?
Guidance notes Q12. Care or support services refer to any supported living environment where residents receive additional support as part of the tenancy or occupation and any function regulated by the Care Quality Commission.
12a	Yes	Go to question 13
12b	No	Go directly to Section 5
13. Please provide details of the number of units which falls into this category and what type of care or support is provided.
Answer:
14. Is any of this care or support housing regulated by the Care Quality Commission?
14a	Yes	Go to Section 5
14b	No	Go to Section 5

Section 5 – Financial position

15. Do you have any private finance?
Guidance notes Q15 "Private Finance " means any arrangements for: lending money, including term loan, standby loan, revolving loan or any other lending facilities and including overdraft facilities and unsecured facilities and facilities made available through finance leases of capital leases interest rate hedging including arrangements embedded within loan agreements or those documented separately issuance of loan notes, loan stock and bonds (iv) the provision of other facilities including loan notes, loan stock, performance bonds, guarantees, indemnities and letters of credit to the extent the same relate to arrangements within (i), (ii) or (iii).
15a	Yes	Go to question 16
15b	No	Go directly to Section 6
16. Have all lenders/funder(s) given in principle consent to your deregistration?
Guidance notes Q16 The regulator will expect providers to have sought consent to their deregistration from all lenders/funders. If you confirm this has been done, the regulator will require supporting evidence to demonstrate that such consent has been obtained. Where the position with any lender/ funder has not been resolved the regulator is likely to ask the provider to resubmit their application once documentary evidence has been supplied of all required consents.
16a	Yes	Go to Section 6. Please ensure that you submit the appropriate evidence with your application.
16b	No	If you have not agreed the position with your lenders, you should not submit this application until this issue is resolved.

Go to Section 6

Section 6 – Public Subsidy (Funding, Grant or Land)

17. Have you ever received any public subsidy, i.e. public funds, grant or land in relation to your social housing?
Guidance notes Q17 The regulator will check whether you have received any public funds using the available records held within the HCA and other public bodies. Public Funds or grant includes (but is not limited to): capital housing association grant (HAG) social housing grant (SHG) social housing assistance (SHA) funds generated from the Recycled Capital Grant Fund (RCGF) land or property the acquisition of which would be a "gratuitous benefit" under section 25(5) of the Local Government Act 1988 any financial assistance (FA) received from: Housing Corporation HCA GLA local authority NHS capital public sector fund for the purchase, development or repair of housing land received from any public body, directly or indirectly, free or at below market value Public Funds or grant excludes revenue grants
17a	Yes	Go to question 18
17b	No	Go directly to Section 7
18. Please provide the date of receipt of your last public funds or grant (including land) in relation to your social housing.
Guidance notes Q18. If you only received land, (or received land in addition to public funds or grant) please ensure you complete Q20.
18a	Date

19. If you have received land free of charge or below market value or have received land which could be construed as “gratuitous benefit” under section 25(5) of the Local Government Act 1988, please provide details below or mark the answer as not applicable (n/a).
Answer:
20. Have you agreed the treatment of any outstanding public funds or grant (including land) on deregistration with the relevant grant giver/investor?
Guidance notes Q20 The regulator will expect providers to have notified any grant giver or investor of their intention to deregister and come to an agreement about the treatment of any outstanding grant/public funds. If you confirm this has been done, the regulator will require documentary evidence of the agreement with the relevant grant giver/investor. Where the position with grant giver/investor has not been resolved the regulator is likely to ask the provider to resubmit their application once documentary evidence has been supplied of agreements with all grant givers/investors.
20a	Yes	Go to question 21
20b	No	If you have not agreed the position with your grant giver/investor, you should not submit this application until this issue is resolved.
21. Do you have a Disposal Proceeds Fund (DPF)?
21a	Yes	Go to question 22
21b	No	Go to question 22
2. Do you have any S106 agreements in place?
22a	Yes	Go to Section 7
22b	No	Go to Section 7

Section 7 – Status of tenants and relevant consultation

23. What types of tenancies do your tenants hold?
Guidance notes Q23 Please provide a numerical figure of each type of tenancy held within your portfolio of tenants. Please provide figures for ALL tenancy types that apply.
23a	Secure tenancy
23b	Assured tenancy
23c	Assured shorthold tenancy
23d	Periodic assured shorthold tenancy
23e	Licensees
23f	Other	Please specify below at 23f(i)
23f(i)	Please provide details of the other type of tenancy referred to at 23f and how many tenants this affects.

Go to question 24

24. Do any of your residents have additional rights or expectations such as Right to Buy, Right to Acquire, stock transfer promises, or secure tenancy rights?
Guidance notes Q24 The regulator expects providers to be clear about the effect of deregistration on residents. This includes understanding how deregistration may affect any additional rights or expectations (whether statutory, contractual, or informal, and whether actual or potential) related to occupation of the provider’s stock. This can include, but is not limited to: rights to buy/acquire (either as a statutory or contractual right and whether exercised or not), secure tenancies, typically involving tenancies that have been in place since before 15 January 1985, and rights or guarantees or formal promises given as part of stock transfer agreements. It is the provider’s responsibility to ensure that they understand the effect of deregistration on any such rights or expectations and take legal advice, where necessary.
24a	Yes	Go to question 25
24b	No	Go to question 26
25. If you answered yes to question 24 above, please describe the additional rights or expectations the residents have, what numbers of residents are affected and set out what action, if any, is being taken to secure those rights or expectations for residents after the applicant’s deregistration?
Guidance notes Q25 This rights can include, but are not limited to: rights to buy/acquire (either as a statutory or contractual right and whether exercised or not), secure tenancies, typically involving tenancies that have been in place since before 15 January 1985, and rights or guarantees or formal promises given as part of stock transfer agreements.
Answer:
26. What steps have been taken to consult residents on the proposed deregistration?
Guidance notes Q26 Providers should also ensure that consultation was meaningful and meets the requirements set out in the current Tenant Involvement and Engagement Standard, which is available on our website. Providers should submit details of how the consultation was conducted (i.e. what procedure was followed, what information was given to residents and in what format). Give a summary regarding the nature of the responses received and the overall outcome of the exercise, including how the results of the consultation were taken into account by the provider.
Answer:

Section 8 – List of submitted documentation

27. Supporting documentation included with the application
Guidance notes Q27 Remember that it is for the applicant to satisfy the regulator that approval to deregister should be given. Please ensure that you submit any mandatory documentation with your application, along with any other documents or information to support the application. Please tick each relevant box where are you are submitting documentation. Please note that all of the requested documentation is mandatory in the circumstances set out below. Supply details of other supporting documents provided.
1 year forecast/budget (This must be validated by external auditors for any provider with over 50 units)
Signed Board Minutes approving application for deregistration
Independent stock condition report (This report must have been undertaken within the last 5 years for a provider with less than 50 units, undertaken within the last 2 years for a provider with over 50 units)
Evidence of the consultation information issued to tenants/residents (This must be provided for all applications EXCEPT those made on the basis that the provider is no longer, or no longer intending to be, a provider of social housing)
Evidence of consultation responses (This must be provided for all applications EXCEPT those made on the basis that the provider is no longer, or no longer intending to be, a provider of social housing)
Evidence of Lender’s consent to deregistration and loan redemption or continuation of facilities, where applicable (This must be provided in all cases where there are outstanding private finance facilities)
Copy of any legal advice received regarding the effect on deregistration on tenancy, including any related rights, if applicable
Evidence of membership of Housing Ombudsman Service, or other approved scheme
Please list below any other documentation being submitted with this application

Section 9 – Declarations and certifications

I the undersigned, confirm that:

the information given on this form is true to the best of my knowledge and belief and I understand that I may be expected to provide evidence in support of some or all of the information provided on this form

this deregistration is NOT being undertaken with a view to enabling the provider to distribute profits to members

I have appropriate delegated authority from the governing body of the Applicant to apply for deregistration and have attached evidence to this effect

I agree that the regulator may contact the applicant electronically.

SIGNED FOR AND ON BEHALF OF THE APPLICANT
Signature
Name of the authorised signatory (please write clearly)
Position or job title of the authorised signatory (please write clearly)
Date of signature