Appendix 6 List of Exemptions

Exemptions Detailed Summary

Exempted Tenancies or Licences (See The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006 SI 370/2006)

• Prohibition of occupation by law

1. A tenancy or licence of a house (Sections 79 (2) and 99 of the Act) or a dwelling (For the definition of a dwelling – see section 99 of the Act) within a house where the house or the dwelling is subject to a prohibition order made under section 20 of the Housing Act 2004 the operation of which has not been suspended under section 23 of the Act.

• Certain tenancies which cannot be assured tenancies

2. A tenancy which cannot be an assured tenancy by virtue of section 1 (2) of the Housing Act 1988 comprised in Part 1 of Schedule 1 of the Act and which is:

1. a business tenancy under Part II of the Landlord and Tenant Act 1954
2. a tenancy under which the dwelling-house consists of or comprises premises, which, by virtue of a premises’ licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of Section 14 of that Act) for consumption on the premises (See paragraph 5 of Schedule 1 of the 1988 Act as amended by section 198 (1) and paragraph 108 of schedule 6 of the Licensing Act 2003)
3. a tenancy under which agricultural land, exceeding two acres, is let together with the house (For the meaning of “agricultural land” section 26 (3) (a) of the General Rate Act 1967)
4. a tenancy under which the house is comprised in an agricultural holding or the holding is comprised under a farm business tenancy if it is occupied (whether as tenant or as a servant or agent of the tenant), in the case of an agricultural holding, by the person responsible for the control of the farming of the holding, and in the case of a farm business tenancy, by the person responsible for the control of the management of the holding (See paragraph 7 of Schedule 1 of 1988 Act as amended by section 40 and paragraph 34 of the Schedule to the Agricultural Tenancies Act 1995).

• Tenancies and licences managed or controlled by public bodies

3. A tenancy or licence of a house or dwelling within a house that is managed or controlled (For the definition of “person managing” and “person having control” see section 263 of the Act) by:

1. a local housing authority
2. a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority established under section 5B of that Act
3. a fire and rescue authority under the Fire and Rescue Services Act 2004;
4. a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990.

• Certain student lettings etc

4. A tenancy or licence of a house or a dwelling within a house –

1. which is managed or controlled by a specified educational establishment or is of a specified description of such establishments and
2. the occupiers of the house or dwelling are undertaking a full time course of further or higher education at the specified establishment (See the schedule to The Houses in Multiple Occupation (Specified Educational Establishments) (England) (No 2) Regulations 2006 for the list of specified bodies) and
3. the house or dwelling is being managed in conformity with an Approved Code of Practice for the management of excepted accommodation under section 233 of the Act (The relevant codes of practice are approved under SI 646/2006 – The Housing (Approval of Codes of Management Practice) (Student Accommodation) (England) Order 2006)

Long leaseholders

5. A tenancy of a house or a dwelling within a house provided that –

1. the full term of the tenancy is for more than 21 years and
2. the tenancy does not contain a provision enabling the landlord (or his successor his in title) to determine it other than by forfeiture, earlier than at the end of the term and
3. the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in title or by any members of either of those person’s family.

Certain family arrangements

6. A tenancy or licence of a house or a dwelling within a house where –

1. the person who has granted the tenancy or licence to occupy is a member of the family of the person who has been granted the tenancy or licence and
2. the person who has granted the tenancy or licence to occupy is the freeholder or long leaseholder of the house or dwelling and
3. the person occupies the house or dwelling as his only or main residence (and if there are two or more persons at least one of them so occupies).

Holiday lets

7. A tenancy or licence of a house or a dwelling within a house that has been granted to the person for the purpose of a holiday.

Certain lettings etc. by Resident Landlord etc

8. A tenancy or licence of a house or a dwelling within a house under the terms of which the person granted the tenancy or licence shares the use of any amenity with the person granting that tenancy or licence or members of that person’s family. An “amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access.

Tenancies or licences granted by:

1. a non-profit registered provider of social housing18
2. a profit-making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) ( Section 79(3)(a) Housing Act 2004), or
3. a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (Section 79(3)(b) Housing Act 2004 20 Section 79(3)(c) Housing Act 2004)

Interpretation

9. In this annex:

1. a “person” includes” persons”, where the context is appropriate
2. a “tenancy” or “licence” includes “a joint tenancy” or “joint licence”, where the context is appropriate
3. “long leaseholder” in paragraph 7 (ii) has the meaning conferred in paragraphs 6

(i) and (ii) and in those paragraphs the reference to “tenancy” means a “long lease”

d. a person is a member of the family of another person if –

1. 1. he lives with that person as a couple
   2. one of them is the relative of the other; or
   3. one of them is, or is a relative of, one member of a couple and the other is a relative the other member of the couple;

and

4. for the purpose of this paragraph –

1. “couple” means two persons who are married to each other or live together as husband and wife or in an equivalent arrangement in the case of persons of the same sex
2. “relative” means a parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin
3. a relationship of the half-blood is to be treated as a relationship of the whole blood and
4. a stepchild of a person is to be treated as his child