Contractual Arrangements Between HE Institutions and Private PBSA Providers and the Role of Planning

The findings of a report describing scoping research carried out to inform the development of a review of purpose built student accommodation (PBSA) in Scotland, published by the Scottish Government on 24 January 2022 makes for interesting reading. The report can be found here. Whilst the legal and legislative framework differs in Scotland, the report contains various points of interest for HE providers in England and Wales as well.

The survey for the report collected quantitative data on PBSA provision in Scotland on a range of topics including mental health and wellbeing support for students, equal access to PBSA, the experiences of international students, regulation, affordability, contractual arrangements and the role of local authorities.

In respect of contractual arrangements between HE institutions and private PBSA providers, and the role of local authorities in regulating PBSA planning and development, HE providers may wish to review their contracts and contracting processes with their students and with their commercial partners to ensure that they provide adequate provisions in respect of the following issues:  

• securing a more inclusive set of rooms to meet diverse student needs.

• monitoring of new PBSA provision in their areas to ensure the affordable rate criteria is met and utilising this for students most in need.

• ensuring provision of high quality and effective wellbeing and pastoral support as part of new and existing PBSA schemes and to align these with their own policies on mental health, access, participation etc.

• effective engagement with a range of stakeholders in the development of local authority housing strategies and local development plans, including PBSA providers, institutions and student representatives to ensure delivery of the criteria.

• consideration of factors such as affordability and community cohesion in local authorities' approach to PBSA, considering whether percentage based models such may enable this. This is likely to be a particularly pressing concern if more authorities adopt the approach taken in the London Plan which seeks to promote high quality development, community connections as well as specific provision for large amounts of affordable units.

For recent developments in Wales see our briefing on the Renting Homes (Wales) Act 2016 will be coming into force on 15 July 2022 and and will bring in major changes for student accommodation providers in Wales.