PSL scheme structure — lease terms, guaranteed rent and council obligations
Private Sector Leasing (PSL): local authority takes a commercial lease over a private landlord's property for a fixed term (typically 3-5 years); council pays guaranteed rent at 80-90% of LHA rate (or negotiated % of market rent) regardless of occupancy — no void risk for landlord; council sources sub-tenants (homeless households; waiting list applicants; rough sleepers); council manages all sub-tenancy aspects (sourcing; rent collection; minor repairs; complaints; enforcement); landlord retains: structural repairs; major M&E works; statutory compliance (gas safety annual GSC; EICR every 5 years; EPC); HMO licence where applicable. EPC: most councils require Band D or above (stricter than MEES legal minimum of Band E); condition: council officer inspection before lease commencement.
- Guaranteed rent: paid by council regardless of sub-tenant occupancy — this is the core financial attraction; typically 80-90% LHA rate; annual review in line with LHA rate changes (CPI-linked from April 2023; capped at 3% 2023-24)
- Deposit: council does not pay tenancy deposit — commercial lease not subject to HA 2004 deposit protection regime
- Repair split: council handles responsive repairs and minor maintenance (up to defined threshold — typically £250-£500 per incident); landlord responsible for structural and major works — review exact split in lease document carefully
- HMO: if property let as HMO, landlord holds HMO licence — council as lessee does not hold the licence; mandatory or additional HMO licensing obligations remain with landlord
Legal structure, property requirements, mortgage consent, advantages and disadvantages
Legal structure: commercial lease (landlord to council) — NOT an AST; council is commercial tenant; council's sub-tenancies are usually secure tenancies (HA 1985) or assured tenancies (HA 1988) — sub-tenants' rights are against the council not the private landlord; private landlord has no direct legal relationship with occupants. Mortgage lender consent: BTL mortgage consent to let provisions may not extend to commercial leases; obtain written lender consent before entering any PSL scheme — some lenders do not permit PSL arrangements. At lease end: council contractually obliged to return with vacant possession; if sub-tenant refuses, council uses its own legal powers (can take time); potential delay in landlord's ability to re-let or sell.
- Advantages: guaranteed rent; no voids; no arrears; no day-to-day management; malicious damage indemnity (limited) often included; social contribution
- Disadvantages: below-market rent (80-90% LHA); no control over occupants; potentially higher wear from multiple short sub-tenancies; condition issues at return may require legal action against council; lease inflexibility (cannot easily exit early); mortgage lender issues
- London: GLA Homes for Londoners initiative — many London boroughs operate active PSL schemes (Newham; Haringey; Lambeth; Tower Hamlets; Southwark); high demand for temporary accommodation makes PSL yields competitive in London
- How to apply: contact council's private rented sector housing team; search '[council name] private sector leasing' or 'landlord offer'; council inspects property; agrees rent; issues draft lease for solicitor review before signing