(1)Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section.
(2)A tenancy or licence is excluded if—
(a)under its terms the occupier shares any accommodation with the landlord or licensor; and
(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part.
(3)A tenancy or licence is also excluded if—
(a)under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor;
(b)immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and
(c)immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats.
(4)For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons.
(5)In subsections (2) to (4) above—
(a) “ accommodation ” includes neither an area used for storage nor a staircase, passage, corridor or other means of access;
(b) “ occupier ” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and
(c) “ purpose-built block of flats ” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988;
and section 113 of the Housing Act M1 1985 shall apply to determine whether a person who is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act.
(6)A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him).
(7)A tenancy or licence is excluded if—
(a)it confers on the tenant or licensee the right to occupy the premises for a holiday only; or
(b)it is granted otherwise than for money or money’s worth.
F2 [( 7A )A tenancy or licence is excluded if it is granted in order to provide accommodation [F3under section 4 or Part VI of the Immigration and Asylum Act 1999].]
[F4(7C)A tenancy or licence is excluded if it is granted in order to provide accommodation under the Displaced Persons (Temporary Protection) Regulations 2005.]
(8)M2 A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by—
(a) the council of a county, [F5 county borough, ] district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, [F6 the London Fire and Emergency Planning Authority, ] a joint authority within the meaning of the Local Government Act M3 1985 or a residuary body within the meaning of that Act;
[F7(aa)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
(ab)a combined authority established under section 103 of that Act;]
(b) a development corporation within the meaning of the New Towns Act M4 1981;
(c)the [F8new towns residuary body];
(d) an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act M5 1980;
(e) a housing action trust established under Part III of the Housing Act M6 1988;
F9( f ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
( g ) the [F10Regulator of Social Housing]F11 . . .;
[F12(ga) the Secretary of State under section 89 of the M7 Housing Associations Act 1985; ]
[F13(h)a housing trust (within the meaning of the Housing Associations Act 1985) which is a charity [F14, a private registered provider of social housing] or a registered social landlord (within the meaning of the Housing Act 1985); or.]
( i )any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State.
[F15(8A) In subsection (8)(c) above “ new towns residuary body ” means—
(a)in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and
(b)in relation to Wales, means the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.]
(9)The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Subordinate Legislation Made
P1S. 3A(8)(i): s. 3A(8)(i) power exercised by S.I. 1991/1943
Textual Amendments
F1S. 3A inserted by Housing Act 1988 (c. 50, SIF 75:1), ss. 31, 44(2)(b)
F2S. 3A(7A) inserted (11.11.1999) by 1999 c. 33, ss. 169(1), 170(3)(s), Sch. 14, para. 73
F3Words in s. 3A(7A) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(4)(a), 62(1), 62(2); S.I. 2006/1497, art. 3, Sch.
F4S. 3A(7C) inserted (15.6.2005) after (7B) (which is prospectively inserted by Nationality, Immigration and Asylum Act 2002, s 32(5)) by The Displaced Persons (Temporary Protection) Regulations 2005 (S.I. 2005/1379), reg. 1, Sch. para. 1
F5Words in s. 3A(8)(a) inserted (1.4.1996) by 1994 c. 19, s. 22(2), Sch. 8 para. 4(1) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F6Words in s. 3A(8) inserted (3.7.2000) by 1999 c. 29, s. 328, Sch. 29 Pt. I para. 27 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)
F7S. 3A(8)(aa)(ab) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 47; S.I. 2009/3318, art. 2(c)
F8Words in s. 3A(8)(c) substituted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 24(2); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13, Sch.)
F9S. 3A(8)(f) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 4
F10Words in s. 3A(8)(g) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 13(a) (with art. 6, Sch. 3)
F11Words in s. 3A(8)(g) repealed (1.11.1998) by 1998 c. 38, ss. 140, 152, Sch. 16 para. 2(a), Sch. 18 Pt. IV (with ss. 137(1), 139(2), 141(1)); S.I. 1998/2244, art. 5
F12S. 3A(8)(ga) inserted (1.11.1998) by 1998 c. 38, s. 140, Sch. 16 para. 2(b) (with ss. 139(2), 141(1), 143(2)); S.I. 1998/2244, art. 5
F13S. 3A(8)(h) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 7
F14Words in s. 3A(8)(h) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 13(b) (with art. 6, Sch. 3)
F15S. 3A(8A) inserted (1.12.2008) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 8 para. 24(3); S.I. 2008/3068, art. 2(1)(w)(3) (with arts. 6-13, Sch.)
Modifications etc. (not altering text)
C1S. 3A(8)(g) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)
Marginal Citations
M11985 c. 68 (61).
M21985 c. 68(61).
M31985 c. 51(81:1).
M41981 c. 64(123:3).
M51980 c. 65(123:1, 2).
M61988 c. 50(61).