SCHEDULES
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.
3Care homes
1
An agreement that grants a right of occupation in a care home.
2
“Care home” means—
a
in relation to England and Wales, an establishment that is a care home for the purposes of the Care Standards Act 2000;
b
in relation to Scotland, accommodation that is provided as a care home service within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010;
c
in relation to Northern Ireland, an establishment that is a residential care home, or a nursing home, for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)).
4Hospitals and hospices
1
An agreement that grants a right of occupation of accommodation in a hospital or hospice.
2
“Hospital”—
a
in relation to England, has the meaning given in section 275 of the National Health Service Act 2006;
b
in relation to Wales, has the meaning given in section 206 of the National Health Service (Wales) Act 2006;
c
in relation to Scotland, has the meaning given in section 108 of the National Health Service (Scotland) Act 1978;
d
in relation to Northern Ireland, has the meaning given in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).
3
“Hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons resident there who are suffering from a progressive disease in its final stages.
5Other accommodation relating to healthcare provision
1
An agreement—
a
under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment, and
b
which is not excluded by another provision of this Schedule.
2
“Relevant NHS body” means—
a
in relation to England—
i
a clinical commissioning group, or
ii
the National Health Service Commissioning Board;
b
in relation to Wales, a local health board;
c
in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978;
d
in relation to Northern Ireland, a Health and Social Services trust.
6Hostels and refuges
1
An agreement that grants a right of occupation of accommodation in a hostel or refuge.
2
“Hostel” means a building which satisfies the following two conditions.
3
The first condition is that the building is used for providing to persons generally, or to a class of persons—
a
residential accommodation otherwise than in separate and self-contained premises, and
b
board or facilities for the preparation of food adequate to the needs of those persons (or both).
4
The second condition is that any of the following applies in relation to the building—
a
it is managed by a registered housing association;
b
it is not operated on a commercial basis and its costs of operation are provided wholly or in part by a government department or agency, or by a local authority;
c
it is managed by a voluntary organisation or charity.
5
“Refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of—
a
controlling, coercive or threatening behaviour,
b
physical violence,
c
abuse of any other description (whether physical or mental in nature), or
d
threats of any such violence or abuse.
6
In this paragraph—
“government department” includes—
- a
any part of the Scottish Administration;
- b
a Northern Ireland department;
- c
the Welsh Assembly Government;
- d
any body or authority exercising statutory functions on behalf of the Crown;
- a
“registered housing association” means—
- a
a private registered provider of social housing;
- b
a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland) Act 2010;
- c
a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15));
- a
“voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.
7Accommodation from or involving local authorities
1
An agreement—
a
under which accommodation is provided to a person as a result of a duty or relevant power that is imposed or conferred on a local authority by an enactment (whether or not provided by the local authority), and
b
which is not excluded by another provision of this Schedule.
2
“Relevant power” means a power that is exercised for, or in connection with, a purpose of providing accommodation to a person who is homeless or is threatened with homelessness.
3
In sub-paragraph (2) the reference to a person who is homeless or is threatened with homelessness is to be read in accordance with—
a
in relation to England and Wales, section 175 of the Housing Act 1996;
b
in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;
c
in relation to Northern Ireland, Article 3 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).
8Accommodation provided by virtue of immigration provisions
An agreement granting a right of occupation of accommodation that is provided to an individual by virtue of any of the following provisions of the Immigration and Asylum Act 1999—
a
section 4 (provision of accommodation to persons granted temporary admission etc);
b
section 95 (provision of support to asylum seekers etc);
c
section 98 (provision of temporary support to asylum seekers etc).
9Mobile homes
An agreement to which the Mobile Homes Act 1983 applies.
10Tied accommodation
1
An agreement that grants a right of occupation of tied accommodation.
2
“Tied accommodation” means accommodation that is provided—
a
by an employer to an employee in connection with a contract of employment, or
b
by a body providing training in a trade, profession or vocation to an individual in connection with that training.
3
In this paragraph “employer” and “employee” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).
Student accommodation
11
1
An agreement that grants a right of occupation in a building which—
a
is used wholly or mainly for the accommodation of students, and
b
satisfies either of the following conditions.
2
The first condition is that the building is owned or managed by any of the following—
a
an institution within the meaning of paragraph 5 of Schedule 1 to the Local Government Finance Act 1992;
b
a body that is specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28));
c
a body established for charitable purposes only.
3
The second condition is that the building is a hall of residence.
4
In this paragraph and paragraph 12 “student”—
a
in relation to England and Wales or Scotland, has the same meaning as in paragraph 4 of Schedule 1 to the Local Government Finance Act 1992;
b
in relation to Northern Ireland, means a person who satisfies such conditions as to education or training as may be specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)).
12
An agreement under which accommodation is provided to a student who has been nominated to occupy it by an institution or body of the kind mentioned in paragraph 11(2).
13Long leases
1
An agreement that—
a
is, or is for, a long lease, or
b
grants a right of occupation for a term of 7 years or more.
2
“Long lease” means—
a
in relation to England and Wales, a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant’s total share (within the meaning given by that section) were 100 per cent;
b
in relation to Scotland, has the meaning given by section 9(2) of the Land Registration (Scotland) Act 2012.
3
An agreement does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.
14Interpretation
1
This paragraph applies for the purposes of this Schedule.
2
“Building” includes a part of a building.
3
“Enactment” includes—
a
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
b
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
c
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
d
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
4
“Local authority” means—
a
in relation to England—
i
a county, district or parish council in England,
ii
a London borough council,
iii
the Common Council of the City of London in its capacity as a local authority, or
iv
the Council of the Isles of Scilly;
b
in relation to Wales, any county, county borough or community council in Wales;
c
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
d
in relation to Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)).