Renting Homes: The Final Report - Law Commission

(7) tenancies or licences relating to direct access accommodation. 34
3.15 Contracts that are not occupation contracts unless the landlord gives notice
stating that the contract is an occupation contract are:
(1) those where no rent or other consideration (for example non-monetary
consideration such as labour) is payable; 35
(2) contracts for another’s benefit; 36
(3) holiday lets; 37
(4) contracts for the provision of accommodation in a care institution, 38
(5) contracts for the provision of accommodation in barracks; 39
(6) contracts for accommodation provided as a temporary expedient; 40 and
(7) contracts for accommodation shared with the landlord. 41
If the landlord decides to give notice that any of these arrangements are to be
occupation contracts, the notice must be given in writing before or at the time the
tenancy or licence is made. 42
3.16 Finally there are two cases for which special provision is made.
(1) Contracts for accommodation provided for the homeless:
(a) A tenancy or licence made by a local authority under its housing
functions in relation to homelessness is not an occupation
contract, unless the provision is to an applicant found to be in
priority need and not intentionally homeless. 43 (In this case, the
local authority may make a standard contract with the
applicant.) 44
34 Sch 1 paras 3(3)(g) and 5. This is accommodation for a period of 24 hours or less provided
by a community landlord or registered charity.
35 Sch 1 para 1(1).
36 Sch 1 paras 1(1) and 2.
37 Sch 1 para 6(2)(a). Further consideration may need to be given to whether this exclusion
ensures that “time-share” agreements fall outside the scope of the scheme.
38 Sch 1 paras 6(2)(b) and 7.
39 Sch 1 paras 6(2)(c) and 8.
40 Sch 1 paras 6(2)(d) and 9.
41
Sch 1 paras 6(2)(e) and 10. This recasts and narrows the present law relating to resident
landlords.
42 Sch 1 paras 1(3) and 6(3).
43 Sch 1 para 11(1).
44 Sch 2 para 6.
46