SCHEDULE 3Excluded residential tenancy agreements
Social housing
1
(1)
An agreement that grants a right of occupation in social housing.
(2)
“Social housing” means accommodation provided to a person by virtue of a relevant provision.
(3)
“Relevant provision” means a provision of—
(a)
in relation to England and Wales—
(i)
Part 2 of the Housing Act 1985, or
(ii)
Part 6 or 7 of the Housing Act 1996;
(b)
in relation to Scotland, Part 1 or 2 of the Housing (Scotland) Act 1987;
(c)
in relation to Northern Ireland—
(i)
Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or
(ii)
Part 2 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).
(4)
Accommodation provided to a person by virtue of a relevant provision includes accommodation provided in pursuance of arrangements made under any such provision.
2
(1)
This paragraph applies for the purposes of paragraph 1.
(2)
An allocation of housing accommodation by a local housing authority in England to a person who is already—
(a)
a secure or introductory tenant, or
(b)
an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord,
is to be treated as an allocation of housing accommodation by virtue of Part 6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be ignored).
(3)
An allocation of housing accommodation that falls within a case specified in, or prescribed under, section 160 of the Housing Act 1996 (cases where provisions about allocation under Part 6 of that Act do not apply) is to be treated as an allocation of housing accommodation by virtue of Part 6 of that Act (and accordingly that section is to be ignored).
(4)
An allocation of housing accommodation by virtue of Part 1 of the Housing (Scotland) Act 1987 is to be treated as provided by virtue of a relevant provision only if it is provided by a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part with a local authority).
(5)
Accommodation provided to a person in Northern Ireland by a registered housing association is to be treated as provided to the person by virtue of a relevant provision.
(6)
Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6 of the Housing Act 1996.
(7)
In sub-paragraph (5) “registered housing association” means a housing association, within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of housing associations maintained under Article 14 of that Order.