Renting Homes (Wales) Act 2016

PART 3 E+W TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS

The rule E+W

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

F1 Sch. 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)

F2 Sch. 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)

F3 Sch. 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

I1 Sch. 2 para. 7 in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of “long tenancy” E+W

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 [F4 as 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) “Shared ownership regulations” 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

F4 Words 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

I2 Sch. 2 para. 8 in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of “armed forces accommodation” E+W

9 E+W Armed 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

I3 Sch. 2 para. 9 in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of “direct access accommodation” E+W

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

I4 Sch. 2 para. 10 in force at 1.12.2022 by S.I. 2022/906, art. 2

Meaning of “private sector temporary homelessness accommodation” E+W

[F5 10A. (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

F5 Sch. 2 para. 10A 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)(ii)