SCHEDULE 2Excluded tenancies
F13
F21
Subject to F3sub-paragraphs (1A) and (2), this paragraph applies where the landlord is—
a
a registered housing association;
b
a county council, with regard to gypsies’ and travellers’ caravan or mobile home sites and caravans or mobile homes provided on those sites; or
c
a housing authority, with regard to caravan or mobile home sites or houseboat moorings, payments in respect of which are to take the form of a rent allowance in accordance with regulation 72A(3).
F41A
In relation to a profit-making registered provider of social housing, sub-paragraph (1)(a) only applies to its social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008).
2
Sub-paragraph (1) does not apply where the local authority considers that—
a
the claimant occupies a dwelling larger than is reasonably required by the claimant and any others who occupy that dwelling (including any non-dependants of the claimant and any person paying rent to the claimant); or
b
the rent payable for that dwelling is unreasonably high.
3
Where the circumstances set out in head (a) or (b) of sub-paragraph (2) exist, the authority must state this in their application for a determination.
4
In this Schedule “gypsies and travellers” means—
a
persons with a cultural tradition of nomadism or of living in a caravan; and
b
all other persons of a nomadic habit of life, whatever their race or origin, including—
i
such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and
ii
members of an organised group of travelling show people or circus people (whether or not travelling together as such).