SCHEDULES

SCHEDULE 3 U.K.Excluded residential tenancy agreements

Hostels and refuges U.K.

6 (1) An agreement that grants a right of occupation of accommodation in a hostel or refuge. U.K.

(2) “Hostel” means a building which satisfies the following two conditions.

(3) The first condition is that the building is used for providing to persons generally, or to a class of persons—

(a) residential accommodation otherwise than in separate and self-contained premises, and

(b) board or facilities for the preparation of food adequate to the needs of those persons (or both).

(4) The second condition is that any of the following applies in relation to the building—

(a) it is managed by a registered housing association;

(b) it is not operated on a commercial basis and its costs of operation are provided wholly or in part by a government department or agency, or by a local authority;

(c) it is managed by a voluntary organisation or charity.

(5) “Refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of—

(a) controlling, coercive or threatening behaviour,

(b) physical violence,

(c) abuse of any other description (whether physical or mental in nature), or

(d) threats of any such violence or abuse.

(6) In this paragraph—

• “government department” includes—

  (a)

  any part of the Scottish Administration;

  (b)

  a Northern Ireland department;

  (c)

  the Welsh Assembly Government;

  (d)

  any body or authority exercising statutory functions on behalf of the Crown;

• “registered housing association” means—

  (a)

  a private registered provider of social housing;

  (b)

  a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland) Act 2010;

  (c)

  a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15));

• “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.

Commencement Information

I1 Sch. 3 para. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I2 Sch. 3 para. 6 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)