SCHEDULE 2 – EXCEPTIONS (WHEN TENANCIES AND LICENSES ARE NOT OCCUPATION CONTRACTS)

Schedule 2 of the Act lists exceptions to the rules regarding Occupation Contracts.

We can refer to these as excluded agreements, since they are not occupation contracts of any sort, neither Secure nor Standard.

These exceptions state that tenancies and licenses can never be occupation contracts unless:

  • a certain amount of time has passed and/or
  • the legislation makes allowances for the status of that agreement to be changed

There are special rules which apply to accommodation provided under the Housing (Wales) Act 2014 and Supported Accommodation.

Special rules for accommodation provided under HWA 2014

Accommodation provided to discharge homelessness duties under the Housing (Wales) Act 2014 are NEVER Occupation Contracts unless it is accommodation being provided under S75 (the final duty).

If people remain in accommodation arranged by the local authority to discharge a homelessness duty for 12 months, then they must be offered an occupation contract.

For people already in accommodation under a homelessness duty on the implementation date then the 12 months begins from then.

A notice can be issued to someone being accommodated under a homelessness duty that they have an occupation contract. This would give them all the security provided to another contract holder who had not gone through the homelessness process.

Special rules for Supported Accommodation

During the “relevant period” (6 months), people in supported accommodation would not hold an occupation contract.

After 6 months, anyone remaining in supported accommodation must be given a Supported Standard Contract unless the landlord extends the relevant period by 3 months by issuing a notice.

There is a review and appeal procedure detailed in Schedule 2 part 5.

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