Company Secretary Snapshot - September 2025

We’re back following a break over the summer, and catching up on lots of developments over the last couple of months. This month we’ve got updates from the Regulator of Social Housing (RSH); some key legislative changes; and takeaways from this year’s Housing Community Summit.

RSH Regulatory Casework Review 2025

The RSH has published its first combined casework review, summarising key themes arising from the RSH’s regulation of the sector against both the economic and consumer standards. The review is relevant to anyone working in social housing and so we strongly recommend reading it. Unsurprisingly the RSH’s key lessons pick up on many of the themes we see in regulatory judgements. These include:

• Integrating risk management into ways of working
• Knowing you are keeping tenants’ homes safe
• Demonstration of achievement of value for money
• Meaningful integration of tenants’ views into decision making
• Working with the RSH to improve performance through timely self-referrals 

Full report: Regulatory Casework Review 2025.

RSH Memorandum of Understanding 

The RSH and the Health and Safety Executive (HSE) in its role as the Building Safety Regulator (BSR) have entered into a memorandum of understanding (MoU). The MoU sets out how they will work together and specifically their expectations with regards to communication, cooperation and exchange of information. 

In particular, the MoU notes their respective roles and acknowledges that the RSH and BSR will attempt to:

1. communicate at an earlier stage on issues that have significant implications (this could be before a regulatory judgement is published); and 
2. seek to promote a greater understanding of their respective roles for tenants and landlords. 

The RSH’s MoU with the Housing Ombudsman was also reviewed over the summer as part of a commitment to ensure that it remains relevant and fit for purpose.

Memorandum of Understanding between the Regulator of Social Housing and The Health and Safety Executive (Building Safety Regulator).

Memorandum of Understanding between Regulator of Social Housing and the Housing Ombudsman.

Company Directors (Duties) Bill

The Company Directors (Duties) Bill proposes an amendment to the duty contained in section 172 of the Companies Act 2006 which requires directors to promote the success of the company. The amendment would require directors to balance this duty with duties in respect of the environment and the company’s employees. 

Whilst directors are already required to have regard to environmental matters in promoting the success of their company, such environmental matters are only one of many factors for the directors to take into consideration. The change proposed by the Bill would make the duty to consider environmental matters a primary obligation. 

It is worth noting that:

• This is a Private Members’ Bill (these are Bills introduced by members of the Commons and Lords who are not government ministers) and therefore it is unlikely to become law. However, it still shows a direction of travel in terms of enshrining environmental considerations into decision-making. 
• Section 172 does not directly apply to community benefit societies. However, the origin of section 172 lies in common law, which does apply to board members of community benefit societies – so these reforms are still a useful indicator for societies.

Economic Crime and Corporate Transparency Act 2023 (ECCTA)

ECCTA continues to be implemented. Key updates include:

• On 18 July 2025, the Protection and Disclosure of Personal Information (Amendment) Regulations 2025 were published. These Regulations bring into force certain provisions of ECCTA and most notably allow individuals to apply to Companies House to protect certain personal information from being made available for public inspection. 
• On 1 September 2025, the new ‘failure to prevent fraud’ offence came into effect, with the aim of holding large corporations accountable. Training for teams and process/policy updates will be needed to reflect the new offence.
• Note that identity verification, including for persons with significant control (PSCs), will become mandatory for existing companies on 18 November 2025 albeit there will be up to a 12-month grace period (depending on when a company’s next annual confirmation statement is due) for compliance following this date. If you have companies in your group you should ensure that you are up to date with these requirements and assist your directors to complete verification in good time. 

Note that ECCTA does not apply to community benefit societies, unless they are registered as corporate directors or persons with significant control on the Companies House register. We have received a number of queries particularly on PSC registers, so please do get in touch if you would like clarification about how this applies to your group. 

National Risk Assessment of Money Laundering 2025 (NRA)

The NRA sets down the key money laundering and terrorist financing risks for the UK, and how these risks have changed and the actions that have been taken since the previous risk assessment was published in 2020. The key changes identified include:

1. increased global instability, leading to increased convergence between money laundering and sanctions evasion;
2. the adoption of new financial technologies, including electronic money institutions, cryptoassets and AI; and
3. the increased risk from informal value transfer systems such as underground banking and Hawala.

The NRA considers sector specific risks, identifying real estate as a key risk area for money laundering. If you are responsible for AML within your organisation it is worth a review to ensure your policies and processes appropriately reflect emerging risks.

National risk assessment of money laundering and terrorist financing 2025.

ICO Guidance 

The International Commissioner’s Office (ICO) has released guidance relating to the secure disclosure of documents to the public, aiming to minimise the risk of accidental breaches and protect personal information. 

The practical steps the ICO has outlined include checking documents for hidden data (whether that be in hidden columns or by virtue of active filters) as well as using tools such as Microsoft Document Inspector, to help identify hidden personal information.

Disclosing documents to the public securely: hidden personal information and how to avoid an accidental breach | ICO

Dispatches from the Housing Community Summit

The Bevan Brittan team attended the Summit earlier in September. Some key takeaways are below:

• Stability is not assured – despite the positive announcements from government over the summer, the political landscape for housing is still uncertain with Angela Rayner’s resignation, economic constraints (a late Autumn Statement looming) and a number of key announcements awaited (Competency and Conduct Standard; new grant programme; rent convergence etc).
• Investment in new homes is a challenge – alongside the above, there continues to be workforce shortages which is a major barrier to building more homes. However, we see regional disparities in our work in terms of the ability to fund and deliver new developments. Devolution will also offer opportunities for more locally tailored housing solutions.
• New funding models are emerging – lenders are showing renewed interest in the sector, equity-based partnerships are still on the table and novel investment structures are being tested. Pension funds are seeking opportunities.
• RSH inspection themes:
  • Quality and safety issues drive most C2–C4 gradings, often linked to inaccurate or outdated data. “Know your stock” remains the central message, with more prescriptive requirements expected.
  • RPs are doing lots of tenant engagement activity, but this often lacks evidence of being meaningful.
  • The RSH is keeping a close watch on landlords stretched by building safety, damp, and mould investment.
  • Remember core principles:
    
    1. Governance underpins everything and remains hugely important (we know we are preaching to the choir!).
    2. Viability remains critical, with continued focus on efficiency and value for money.
    3. The RSH is working on an impact assessment to decide whether to amend the regulatory standards – the economic standards will need to be updated.

AOB

Upcoming events:

Awaab’s Law Update | Thursday 25 September 2025 | 10:00 - 11:00

From October 2025, Awaab’s Law will come into force as part of the Social Housing (Regulation) Act 2023. Providers of social housing must ensure that damp and mould that is hazardous to health is investigated and fixed within strict timescales and that all emergency repairs are dealt with within 24 hours. In this session we will cover off the key areas of the law, and provide top tips to ensure registered providers are prepared for the changes.

Sign up here.

Senior Independent Director Network | Wednesday 15th October | 14:00 – 15:30

Is your SID part of our network? If not, please email Rose Klemperer for more information.  

Upcoming conferences we’re attending: 

St Ives Barristers Conference – 19th September
NHF Treasury Conference - 9th October

In case you missed it:

In July,  the housing sector saw several important developments ranging from policy shifts to government responses that may impact both current and future projects. Here is a summary of recent housing announcements.