SCHEDULES

SCHEDULE 3Excluded residential tenancy agreements

Hostels and refuges

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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—

    1. a

      any part of the Scottish Administration;

    2. b

      a Northern Ireland department;

    3. c

      the Welsh Assembly Government;

    4. d

      any body or authority exercising statutory functions on behalf of the Crown;

  • “registered housing association” means—

    1. a

      a private registered provider of social housing;

    2. 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;

    3. 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));

  • “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.