PART 2OCCUPATION CONTRACTS AND LANDLORDS

CHAPTER 1OCCUPATION CONTRACTS

I17Tenancies and licences that are occupation contracts

1

A tenancy or licence is an occupation contract if—

a

it is within subsection (2) or (3), and

b

rent or other consideration is payable under it.

2

A tenancy or licence is within this subsection if—

a

it is made between a landlord and an individual, and

b

it confers on the individual the right to occupy a dwelling as a home.

3

A tenancy or licence is within this subsection if—

a

it is made between a landlord and two or more persons at least one of whom is an individual, and

b

it confers on the individual (or, if there is more than one individual, on one or more of them) the right to occupy a dwelling as a home.

4

But there are exceptions to subsection (1) set out in Schedule 2, which provides—

a

in Part 1, that certain tenancies and licences not within subsection (2) or (3) can be occupation contracts if notice is given,

b

in Part 2, that certain tenancies and licences that are within subsection (2) or (3) are not occupation contracts unless notice is given,

c

in Part 3, that certain tenancies and licences are never occupation contracts,

d

in Parts 4 and 5, that certain tenancies and licences can be occupation contracts, but special rules apply in relation to them, and

e

in Part 6, that the Welsh Ministers may amend that Schedule.

5

Each person with whom a landlord makes an occupation contract is a contract-holder under the occupation contract.

6

But an individual cannot be a contract-holder under an occupation contract if he or she has not reached the age of 18.