SCHEDULE 2EXCEPTIONS TO SECTION 7

PART 3TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS

The rule

7

(1)

A tenancy or licence is not an occupation contract at any time when this paragraph applies to it.

(2)

This paragraph applies to a tenancy or licence if all the persons with whom it is made are excluded from being contract-holders by section 7(6) (individuals who have not reached the age of 18).

(3)

This paragraph also applies to—

(a)

a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies;

(b)

a protected occupancy or a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 (c. 80);

(c)

a protected tenancy or a statutory tenancy within the meaning of the Rent Act 1977 (c. 42);

F1(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)

a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5);

(f)

a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8);

(g)

a long tenancy (see paragraph 8);

(h)

a tenancy or licence which relates to armed forces accommodation (see paragraph 9);

(i)

a tenancy or licence which relates to direct access accommodation (see paragraph 10);

F2(j)

a tenancy or licence which relates to accommodation provided—

(i)

by, or on behalf of, the Secretary of State in connection with a requirement imposed under section 3(6) (general provisions) of the Bail Act 1976 (c. 63), or

(ii)

under Part 1 (arrangements for the provision of probation services) of the Offender Management Act 2007 (c. 21) for the probation purposes (within the meaning of section 1 of that Act);

(k)

a tenancy or licence which relates to—

(i)

accommodation provided under section 4 (accommodation) or Part 6 (support for asylum-seekers, etc.) of the Immigration and Asylum Act 1999 (c. 33), or

(ii)

facilities provided under paragraph 9 of Schedule 10 to the Immigration Act 2016 (c. 19) (immigration bail) for the accommodation of a person at an address specified in an immigration bail condition;

F3(l)

a licence which relates to private sector temporary homelessness accommodation (see paragraph 10A).