SCHEDULE 2EXCEPTIONS TO SECTION 7

PART 3TENANCIES AND LICENCES THAT ARE NEVER OCCUPATION CONTRACTS

7The rule

1

A tenancy or licence is not an occupation contract at any time when this paragraph applies to it.

2

This paragraph applies to a tenancy or licence if all the persons with whom it is made are excluded from being contract-holders by section 7(6) (individuals who have not reached the age of 18).

3

This paragraph also applies to—

a

a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies;

b

a protected occupancy or a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976 (c. 80);

c

a protected tenancy or a statutory tenancy within the meaning of the Rent Act 1977 (c. 42);

d

a secure tenancy that is a housing association tenancy, within the meaning of section 86 of the Rent Act 1977;

e

a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5);

f

a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8);

g

a long tenancy (see paragraph 8);

h

a tenancy or licence which relates to armed forces accommodation (see paragraph 9);

i

a tenancy or licence which relates to direct access accommodation (see paragraph 10).