Renting Homes (Wales) Act 2016

(introduced by sections 11 and 12)

SCHEDULE 3OCCUPATION CONTRACTS MADE WITH OR ADOPTED BY COMMUNITY LANDLORDS WHICH MAY BE STANDARD CONTRACTS

Occupation contracts by notice

1An occupation contract which would not be an occupation contract but for a notice under paragraph 1 or 3 of Schedule 2.

Supported accommodation

2An occupation contract which relates to supported accommodation.

Introductory occupation

3(1)An occupation contract within this paragraph which does not relate to supported accommodation.

(2)An occupation contract is within this paragraph unless, immediately before the relevant date—

(a)a contract-holder under it was a contract-holder under a secure contract, and

(b)the landlord under the secure contract was a community landlord.

(3)The relevant date—

(a)in relation to a contract made with a community landlord, is the occupation date, and

(b)in relation to a contract under which a community landlord becomes the landlord, is the day on which it becomes the landlord.

Accommodation for asylum seekers

4An occupation contract made in order to provide accommodation under Part 6 of the Immigration and Asylum Act 1999 (c. 33) (support for asylum seekers).

Accommodation for displaced persons

5An occupation contract made under the Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379).

Accommodation for homeless persons

6An occupation contract made as described in paragraph 11 or 12 of Schedule 2 (accommodation for homeless persons).

Service occupancy: general

7(1)An occupation contract where the contract-holder—

(a)is employed by a relevant employer, and

(b)is required by his or her contract of employment to occupy the dwelling.

(2)“Relevant employer” means—

(a)a local authority;

(b)a new town corporation;

(c)a housing action trust;

(d)an urban development corporation;

(e)a registered social landlord (other than a fully mutual housing association or a co-operative housing association);

(f)a private registered provider of social housing;

(g)a manager who exercises a local housing authority’s management functions under a management agreement;

(h)the governing body of any of the following schools (see the School Standards and Framework Act 1998 (c. 31))—

(i)a voluntary aided school,

(ii)a foundation school, or

(iii)a foundation special school.

(3)“Management agreement” means an agreement under section 27 of the Housing Act 1985 (c. 68) and “manager” means a person with whom the agreement is made.

Service occupancy: police

8An occupation contract where—

(a)the contract-holder is a member of a police force, and

(b)the dwelling is provided for the contract-holder free of rent under regulations made under section 50 of the Police Act 1996 (c.16) (general regulations as to government, administration and conditions of service).

Service occupancy: fire and rescue services

9An occupation contract where—

(a)the contract-holder is an employee of a fire and rescue authority,

(b)the contract-holder’s contract of employment requires him or her to live in close proximity to a particular fire station, and

(c)the dwelling is provided to him or her by the fire and rescue authority in consequence of that requirement.

Student accommodation

10(1)An occupation contract where the right to occupy is conferred for the purpose of enabling the contract-holder to attend a designated course at an educational establishment.

(2)“Designated course” means a course of any kind prescribed for the purposes of this paragraph.

(3)“Educational establishment” means an institution or university which provides further education or higher education (or both); and “further education” and “higher education” have the same meaning as in the Education Act 1996 (c. 56) (see sections 2 and 579 of that Act).

Temporary accommodation: land acquired for development

11(1)An occupation contract where—

(a)the land the dwelling is on (including any land occupied together with the dwelling other than agricultural land exceeding 0.809 hectares) is, or is part of, land which has been acquired for development, and

(b)the dwelling is used by the landlord as temporary housing accommodation pending development of the land.

(2)“Development” has the meaning given by section 55 of the Town and Country Planning Act 1990 (c. 8).

Temporary accommodation: persons taking up employment

12An occupation contract where—

(a)immediately before the making of the contract the contract-holder was not living in the local housing authority area in which the dwelling is situated,

(b)before the making of the contract the contract-holder obtained employment or an offer of employment in that area or in an adjoining local housing authority area, and

(c)the right to occupy was conferred for the purpose of meeting the contract-holder’s need for temporary accommodation in the local housing authority area in which the dwelling is situated or in an adjoining local housing authority area in order to work there, and enabling him or her to find permanent accommodation there.

Temporary accommodation: short-term arrangements

13An occupation contract where—

(a)the dwelling has been let to the landlord with vacant possession for use as temporary housing accommodation,

(b)the terms on which it has been let include provision for the lessor to obtain vacant possession from the landlord at the end of a specified period or when required by the lessor,

(c)the lessor is not a community landlord, and

(d)the landlord has no interest in the dwelling other than under the lease in question or as mortgagor.

Temporary accommodation: accommodation during works

14(1)An occupation contract where—

(a)the dwelling (the “temporary dwelling”) has been made available for occupation by the contract-holder while works are carried out on the dwelling previously occupied by the contract-holder as a home,

(b)the landlord of the temporary dwelling is not the same as the landlord of the dwelling previously occupied by the contract-holder (the “old dwelling”), and

(c)the contract-holder was not a contract-holder under a secure contract of the old dwelling at the time when the contract-holder ceased to occupy it as a home.

(2)In this paragraph, references to the contract-holder include references to the contract-holder’s predecessor.

(3)For the purposes of sub-paragraph (2), a person is a predecessor of a contract-holder under an occupation contract if that person was an earlier contract-holder under the same contract.

Accommodation which is not social accommodation

15(1)An occupation contract where—

(a)the allocation rules did not apply to the making of the contract, or

(b)the dwelling is made available to the contract-holder because he or she is a key worker.

(2)The allocation rules are the landlord’s rules for determining priority as between applicants in the allocation of housing accommodation, and include any rule or practice whereby the landlord provides accommodation to persons nominated by a local housing authority.

(3)Whether a contract-holder is a “key worker” is to be determined in accordance with regulations made by the Welsh Ministers.

(4)The regulations may include provision identifying key workers by reference to the nature of their employment, the identity of their employer, and the amount of their earnings.

Dwellings intended for transfer

16An occupation contract where—

(a)the community landlord is a registered social landlord or a private registered provider of social housing,

(b)the landlord has acquired or built or otherwise developed the dwelling with the intention of transferring it to a fully mutual housing association or a co-operative housing association, and

(c)the occupation contract is made in anticipation of the transfer of the dwelling.

Power to amend Schedule

17The Welsh Ministers may by regulations amend this Schedule.