Renting Homes: The Final Report - Law Commission

2.57 Nevertheless, there have to be exceptions. These are listed in schedule 1 to the
Bill. 30 They fall into two broad classes: contracts covered by other legislation; and
contracts excluded on social policy grounds.
Contracts covered by other legislation
2.58 These include:
(1) business tenancies;
(2) tenancies protected by the Rent Act 1977 or the Rent (Agriculture) Act
1976; 31
(3) long tenancies; and
(4) agricultural tenancies.
Contracts excluded on social policy grounds.
2.59 These include:
(1) tenancies or licences relating to direct access accommodation; 32
(2) tenancies or licences where no rent or other consideration is payable; 33
(3) holiday lets; 34
(4) provision of accommodation in a care institution; 35
(5) provision of accommodation in barracks; 36
(6) provision of accommodation as a temporary expedient to persons who
entered premises as trespassers; 37 and
(7) accommodation shared with the landlord. 38
2.60 In cases (2) to (7) inclusive, it is possible for the landlord to bring the contract
within the scheme by issuing a notice, either before or at the time when the
tenancy or licence is made, to the effect that the agreement is to be an
occupation contract within the scheme.
2.61 Special rules also apply to:
30 Power is given to the appropriate authority to amend this list of exceptions: sch 1 para 15.
31 Discussed above, at paras 2.5 and 2.6.
32 Sch 1 para 5.
33 S 1(1)(b) and sch 1 para 1(2).
34 Sch 1 para 6(2)(a).
35 Sch 1 para 6(2)(b); “care institution” is defined in sch 1 para 7.
36 Sch 1 para 6(2)(c); “barracks” is defined in sch 1 para 8.
37 Sch 1 para 6(2)(d); “temporary expedient” is defined in sch 1 para 9.
38 Sch 1 para 6(2)(e); “shared accommodation” is defined in sch 1 para 10.
39