SCHEDULES

SCHEDULE 3Excluded residential tenancy agreements

7Accommodation from or involving local authorities

1

An agreement—

a

under which accommodation is provided to a person as a result of a duty or relevant power that is imposed or conferred on a local authority by an enactment (whether or not provided by the local authority), and

b

which is not excluded by another provision of this Schedule.

2

“Relevant power” means a power that is exercised for, or in connection with, a purpose of providing accommodation to a person who is homeless or is threatened with homelessness.

3

In sub-paragraph (2) the reference to a person who is homeless or is threatened with homelessness is to be read in accordance with—

a

in relation to England and Wales, section 175 of the Housing Act 1996;

b

in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;

c

in relation to Northern Ireland, Article 3 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).