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Staying compliant with your loan covenants in an uncertain financial environment

The regulator’s sector risk profile in November 2023 highlighted the reduction in EBITDA MRI interest cover across the sector with headroom on loan covenants dropping. Failure to manage loan covenants and relationships with lenders can present a key risk to financial viability.
Introduction

In this insight, we explore some of the factors causing this pressure on loan covenants and areas for Housing Associations to watch out for. 

As the latest Regulator’s report highlights, debt accounts for the majority of financing in the sector, with providers having agreed facilities of £123.9bn as of the end of June 2023. The higher gearing and lower cash balances have increased the sector risk profile. With the lower V2 assessment becoming “the new normal”, the Regulator is reminding providers that they must have robust treasury management and governance processes in place to monitor the risk of loan covenant breaches.

To maintain a V1 grading, Housing Associations must demonstrate adequate assessment of risk and financial scenarios within their financial planning, with many setting and monitoring golden rules around loan covenant compliance, to provide a buffer and a red flag before they get close to a breach. 

The current financial climate forces difficult decision making to achieve an appropriate balance between the level of investment in repairs and new development against the level of financial headroom. Some Housing Associations are accepting slightly greater financial risk during this period as they balance these priorities. Where organisations have either increased their financial risk tolerance in the short term or are experiencing the materialisation of financial risks, enhanced monitoring and control is essential, with Housing Associations looking to ensure that:

  • They have an up-to-date assessment of the external environment and the impact on financial assumptions (e.g., inflation, market sale values, interest rates, timing of completion of schemes); 
  • Sensitivity analysis has been performed and any reduction in headroom identified; 
  • Stress testing highlights any specific risks or scenarios that, should they materialise, the Housing Association would no longer be financially resilient enough to absorb; and 
  • The level of Board oversight and assurance obtained over the above areas is proportional to the risk.

About the authors

Hugh Swainson

+44 (0)20 7556 1389
swainsonh@buzzacott.co.uk

Matt Hrycaiczuk

+44(0)20 7556 1358
hrycaiczukm@buzzacott.co.uk

In this insight, we explore some of the factors causing this pressure on loan covenants and areas for Housing Associations to watch out for. 

As the latest Regulator’s report highlights, debt accounts for the majority of financing in the sector, with providers having agreed facilities of £123.9bn as of the end of June 2023. The higher gearing and lower cash balances have increased the sector risk profile. With the lower V2 assessment becoming “the new normal”, the Regulator is reminding providers that they must have robust treasury management and governance processes in place to monitor the risk of loan covenant breaches.

To maintain a V1 grading, Housing Associations must demonstrate adequate assessment of risk and financial scenarios within their financial planning, with many setting and monitoring golden rules around loan covenant compliance, to provide a buffer and a red flag before they get close to a breach. 

The current financial climate forces difficult decision making to achieve an appropriate balance between the level of investment in repairs and new development against the level of financial headroom. Some Housing Associations are accepting slightly greater financial risk during this period as they balance these priorities. Where organisations have either increased their financial risk tolerance in the short term or are experiencing the materialisation of financial risks, enhanced monitoring and control is essential, with Housing Associations looking to ensure that:

  • They have an up-to-date assessment of the external environment and the impact on financial assumptions (e.g., inflation, market sale values, interest rates, timing of completion of schemes); 
  • Sensitivity analysis has been performed and any reduction in headroom identified; 
  • Stress testing highlights any specific risks or scenarios that, should they materialise, the Housing Association would no longer be financially resilient enough to absorb; and 
  • The level of Board oversight and assurance obtained over the above areas is proportional to the risk.
Impact on the year-end

Impact on the year-end

When it comes to the year-end financial statements, it is important to avoid an unplanned or unnecessary breach of loan covenants. A breach of loan covenants at the year-end can result in a loan becoming a current liability on the balance sheet. Projected breaches of loan covenants can lead to difficulties when considering financial viability and challenges for the Board approving the financial statements on the going concern basis. Some key areas to watch out for in the lead up to the year-end are: 

  • What is the level of headroom on the loan covenants; 
  • Are there any significant transactions around the year end (e.g., major ongoing projects) that could impact the project loan covenant positions depending on factors such as timing; 
  • Are there any estimates or judgements that would have an impact on the loan covenants and is there a risk that your organisation has taken an over-optimistic position on these that could be challenged on audit; and 
  • Is there a risk of management bias around any year-end figures to protect the loan covenant position, which creates a risk of adjustment. 

If there is a perceived risk of breaching a loan covenant, early planning and communication with stakeholders including lenders and auditors is essential to achieve the best outcome.

Get in touch
Specialist support for Housing Associations

If you’re concerned you might be in breach of your loan covenants or would like further support and advice, please complete the form below to contact our dedicated Housing Associations team.

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