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.