SCHEDULE 2EXCEPTIONS TO SECTION 7
PART 2TENANCIES AND LICENCES WITHIN SECTION 7 THAT ARE NOT OCCUPATION CONTRACTS UNLESS NOTICE IS GIVEN
The rule
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1
A tenancy or licence within section 7, but to which sub-paragraph (2) applies, is not an occupation contract unless the notice condition is met.
2
This sub-paragraph applies to a tenancy or licence—
a
which confers the right to occupy a dwelling for the purposes of a holiday,
b
which relates to the provision of accommodation in a care institution (see paragraph 4),
c
which is a temporary expedient (see paragraph 5), or
d
to which the shared accommodation exception applies (see paragraph 6).
3
The notice condition is met if, before or at the time when the tenancy or licence is made, the landlord gives a notice to the person with whom it is made stating that it is to be an occupation contract.
Meaning of “care institution”
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“Care institution” means—
a
a health service hospital within the meaning of the National Health Service (Wales) Act 2006 (c. 49) (see section 206(1) of that Act),
F1b
an independent hospital within the meaning of the Care Standards Act 2000 (c. 14) (see section 2 of that Act),
c
a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over,
c
a place at which a care home service within the meaning of paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over,
d
a place at which a residential family centre service within the meaning of paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 is provided, or
e
a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—
i
a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to that Act, or
ii
a care home service within the meaning of paragraph 1 of Schedule 1 to that Act to persons wholly or mainly under the age of 18.
Meaning of “temporary expedient”
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1
A tenancy or licence is a temporary expedient if it is made as a temporary expedient with a person who entered the dwelling to which it relates (or any other dwelling) as a trespasser.
2
It is irrelevant whether or not, before the beginning of the tenancy or licence, another tenancy or licence to occupy the dwelling (or any other dwelling) had been made with the person.
3
A tenancy or licence which arises under section 238 is not a temporary expedient.