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).