We offer sophisticated banking and finance transactional advice for borrower-side clients, such as RPs, treasury vehicles, joint ventures or for-profit providers. Our banking specialists can help you with all forms of loan transactions (secured and unsecured, bilateral and syndicated) and from working capital revolving credit facilities through development term loans.

We advise on all kinds of corporate commercial contracts and arrangements for RPs. Our securitisation team regularly works on stock rationalisation projects and portfolio management. From a commercial perspective we provide governance and contractual advice.

Our team provides a full corporate and governance service to our housing clients; from leading on unique large-scale projects to supporting the daily operations of housing organisations. The team has a wealth of experience advising on amalgamations, transfer of engagements, mergers and business transfers, corporate finance and capital structure, restructuring, corporate governance (including drafting and reviewing constitutional documentation and standing orders/terms of reference), and joint ventures with both profit and not-for-profit organisations. Our team also liaises with regulators including the Regulator of Social Housing and Charity Commission on behalf of our clients. We regularly advise registered provider boards on the requirements of the regulatory framework and in relation to potential regulatory breaches, giving clear practical advice with recommended actions.

We have a dedicated team of employment lawyers with housing expertise, who understand not only the legal issues affecting you and your workforce, but also the regulatory and reputational issues that impact on the decisions you take. From advice on employee relations matters, TUPE and pay disputes to claims including large scale litigation in the Employment Tribunal, civil and appellate Courts, Capsticks has substantial experience in advising on the full range of employment law issues.

Our team has provides advice in relation to governance and charity law for RPs and the housing sector. We have particular expertise in advising on: the Regulator of Social Housing’s (RSH) regulatory standards and compliance; the requirements of registered charities and compliance with the requirements for the disposal of land and the Charities Act 2011; charitable duties for both exempt and registered charities; provisions of the Co-operative and Community Benefit Societies Act 2014 and registration with the Financial Conduct Authority and the Companies Act 2011 and registration with Companies House;  applications to the Charity Commission; mergers between registered providers; and providing training on directors, board member and charity trustee duties.

We help our clients secure sites in a highly competitive market, work with them to secure funding and make sure that they have good governance in place to see the projects through. We smooth the way for organisations to merge or create joint venture partnerships that allow developments to happen.

We represent providers nationally on all aspects of housing and leasehold management (contentious and non-contentious) from ASB to disrepair, section 20 consultations to forfeiture, rent and service charge recovery and full scale reviews of policies, procedures and all tenure(leases, tenancies and licences). Our lawyers are approachable and give practical, commercial and proactive advice.

Housing providers are often charged with using and protecting some of the most sensitive and confidential information in existence (including that of tenants, employees and members of the public), and we know that RPs are constantly having to deal with data protection, freedom of information and confidentiality law issues. We are used to helping clients respond to requests, deal with referrals to the Information Commissioner’s Office (ICO) and ensure that they have the correct policies and procedures in place.

We handle an enormous range of disputes and understand not just the demands of complex litigation, but also the special considerations that arise when acting for RPs. We support clients undergoing property and commercial prosecution, as well as responding to procurement challenges, and focus on providing the right outcomes by applying the law in context and with one eye firmly fixed on reputational issues and minimising disruption to your business.

Our specialist procurement advisors work with our housing clients on all aspects of their procurements from reviewing procurement strategies and ensuring compliance to drafting tender documents and setting up framework agreements and Dynamic Purchasing Systems (DPS) using nationally established versions. We also work on development transactions, identifying where “works contracts” will form part of the transaction or where exemptions may apply to bring the transaction outside of the procurement regulations.

We work closely with registered providers (both for-profit and not-for-profit), registered charities and local authorities nationwide on the full range of portfolio transactions including mergers/acquisitions; security charging; stock rationalisation; and programmes to dispose of void units. 

Our experienced team advises property developers, investors, real estate investment trusts (REITs), and registered providers of social housing on development projects and portfolio acquisitions of real estate assets within the supported living, affordable housing, residential care and private healthcare sectors.