SCHEDULE 2Excluded tenancies

[F13.—[F2(1) 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).

[F4(1A) 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).]]

Textual Amendments

F1Sch. 2 substituted (with application in accordance with reg. 1(5)(6)(7) of the amending S.I.) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(3), 18