1. Prohibition of occupation by law
House subject to a Prohibition Order whose operation has not been suspended
2.Certain tenancies which cannot be assured tenancies
Housing Act 1988 Tenancies below:
(i)paragraph 4 (business tenancies)
(ii)paragraph 5 (licensed premises) via Licensing Act 2003
(iii)paragraph 6 (tenancies of agricultural land); or
(iv)paragraph 7 (tenancies of agricultural holdings etc).
3. Tenancies and licences managed or controlled by public bodies
a tenancy or licence of a house or a dwelling that is managed or controlled by —
(i)a local housing authority
(ii)a police authority established under section 3 of the Police Act 1996
(iii)the Metropolitan Police Authority established under section 5B of the Police Act 1996
(iv)a fire and rescue authority under the Fire and Rescue Services Act 2004 ; or
(v)a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990.
4. Certain student lettings etc
Exempted HMO’s :Buildings regulated otherwise than under this Act Housing Act 2004 (legislation.gov.uk) Buildings Occupied by Students where the Student accommodation managed under the approved Code of Practice here: The Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022 (legislation.gov.uk)
5. Long leaseholders
Tenancy over 21 years
a tenancy of a house or a dwelling where—
(i)the full term of the tenancy is more than 21 years
(ii)the lease does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term; and
(iii)the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in title or any members of such person’s family.
6. Certain family arrangements
Tenancy Family Members
a tenancy or licence of a house or a dwelling granted by a person to a person who is a member of his family where—
(i)the person to whom the tenancy or licence is granted occupies the house or dwelling as his only or main residence
(ii)the person granting the tenancy or licence is the freeholder or the holder of a lease of the house or dwelling the full term of which is more than 21 years; and
(iii)the lease referred to in sub-paragraph (ii) does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term.
7. Holiday Lets
A tenancy or licence that is granted to a person in relation to his occupancy of a house or a dwelling as a holiday home.
8. Certain lettings etc. by Resident Landlord
Tenancy shared with Landlord
a tenancy or licence under the terms of which the occupier shares any accommodation with the landlord or licensor or a member of the landlord’s or licensor’s family.