Point in time view as at 30/11/2023.
Renting Homes (Wales) Act 2016, PART 3 is up to date with all changes known to be in force on or before 05 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
7(1)A tenancy or licence is not an occupation contract at any time when this paragraph applies to it.E+W
(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).]
Textual Amendments
F1Sch. 2 para. 7(3)(d) omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3), s. 19(3), Sch. 5 para. 5(2)
F2Sch. 2 para. 7(3)(j)(k) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Amendment) Regulations 2022 (S.I. 2022/803), regs. 1(1), 2 (as amended by S.I. 2022/906, arts. 1(2), 15)
F3Sch. 2 para. 7(3)(l) inserted (30.11.2023) by The Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/1277), regs. 1(1), 2(2)(a)(i)
Commencement Information
I1Sch. 2 para. 7 in force at 1.12.2022 by S.I. 2022/906, art. 2
8(1)“Long tenancy” means—E+W
(a)a tenancy for a fixed term of more than 21 years (whether or not it is or may become terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture),
(b)a tenancy for a term fixed by law because of a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy, or
(c)a tenancy made in pursuance of Part 5 of the Housing Act 1985 (c. 68) (the right to buy), including a tenancy made in pursuance of that Part [F4as that Part had effect] because of section 17 of the Housing Act 1996 (c. 52) (the right to acquire).
(2)But a tenancy terminable by notice after a death is not a long tenancy unless it is a shared ownership tenancy.
(3)A shared ownership tenancy is a tenancy which—
(a)was made with a housing association which was a registered social landlord or a private registered provider of social housing,
(b)was made for a premium calculated by reference to a percentage of the value of the dwelling or of the cost of providing it, and
(c)when made complied with the requirements of the shared ownership regulations then in force.
(4)A tenancy made before any shared ownership regulations were in force is to be treated as within sub-paragraph (3)(c) if, when the tenancy was made, it complied with the requirements of the first such regulations to come into force after it was made.
(5)“ ” means regulations under—
(a)section 140(4)(b) of the Housing Act 1980 (c. 51), or
(b)paragraph 5 of Schedule 4A to the Leasehold Reform Act 1967 (c. 88) made for the purposes of paragraph 4(2)(b) of that Schedule.
Textual Amendments
F4Words in Sch. 2 para. 8(1)(c) substituted (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 9(2); S.I. 2018/100, art. 2(b) (with art. 3) (with savings in S.I. 2019/110, reg. 5)
Commencement Information
I2Sch. 2 para. 8 in force at 1.12.2022 by S.I. 2022/906, art. 2
9E+WArmed forces accommodation is accommodation which is provided to—
(a)a member of any of Her Majesty's forces,
(b)a member of the family of a member of any of Her Majesty's forces, or
(c)a civilian subject to service discipline (within the meaning of section 370 of the Armed Forces Act 2006 (c. 52)),
for the purposes of any of Her Majesty's forces.
Commencement Information
I3Sch. 2 para. 9 in force at 1.12.2022 by S.I. 2022/906, art. 2
10(1)Direct access accommodation is accommodation which—E+W
(a)is provided by a community landlord or a registered charity,
(b)(subject to availability) is provided on demand to any person who appears to satisfy criteria determined by the community landlord or charity, and
(c)is provided only for periods of 24 hours (or less) at a time.
(2)Accommodation may be direct access accommodation even if it is provided to the same person for several periods in succession.
Commencement Information
I4Sch. 2 para. 10 in force at 1.12.2022 by S.I. 2022/906, art. 2
[F510A.(1)Private sector temporary homelessness accommodation is accommodation which—
(a)is provided by a private landlord under arrangements made with a local housing authority in pursuance of any of that authority’s homelessness housing functions, and
(b)is within the definition of “B&B accommodation” in article 2 (interpretation) of the Homelessness (Suitability of Accommodation) (Wales) Order 2015 (S.I. 2015/1268 (W. 87)), as it has effect on 30 November 2023, which is the date on which the Renting Homes (Wales) Act 2016 and Homelessness (Suitability of Accommodation) (Wales) Order 2015 (Amendment) Regulations 2023 (S.I. 2023/XXXX (W. XX)) came into force.
(2)In this paragraph “local housing authority” and “homelessness housing functions” have the meanings given in paragraph 12(5).]
Textual Amendments
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: