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(introduced by sections 11 and 12)

SCHEDULE 3E+WOCCUPATION CONTRACTS MADE WITH OR ADOPTED BY COMMUNITY LANDLORDS WHICH MAY BE STANDARD CONTRACTS

Prospective

Occupation contracts by noticeE+W

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

Prospective

Supported accommodationE+W

2E+WAn occupation contract which relates to supported accommodation.

Prospective

Introductory occupationE+W

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

(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.

Prospective

Accommodation for asylum seekersE+W

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

Prospective

Accommodation for displaced personsE+W

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

Prospective

Accommodation for homeless personsE+W

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

Prospective

Service occupancy: generalE+W

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

(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.

Prospective

Service occupancy: policeE+W

8E+WAn 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).

Prospective

Service occupancy: fire and rescue servicesE+W

9E+WAn 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 accommodationE+W

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.E+W

(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).

Commencement Information

I1Sch. 3 para. 10(2) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

Prospective

Temporary accommodation: land acquired for developmentE+W

11(1)An occupation contract where—E+W

(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).

Prospective

Temporary accommodation: persons taking up employmentE+W

12E+WAn 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.

Prospective

Temporary accommodation: short-term arrangementsE+W

13E+WAn 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.

Prospective

Temporary accommodation: accommodation during worksE+W

14(1)An occupation contract where—E+W

(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 accommodationE+W

15(1)An occupation contract where—E+W

(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.

Commencement Information

I2Sch. 3 para. 15(3)(4) in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1

Prospective

Dwellings intended for transferE+W

16E+WAn 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 ScheduleE+W

17E+WThe Welsh Ministers may by regulations amend this Schedule.

Commencement Information

I3Sch. 3 para. 17 in force at 5.8.2016 for specified purposes by S.I. 2016/813, art. 2(a), Sch. Pt. 1