WHAT IS AN OCCUPATION CONTRACT?

As already mentioned, there are two types of landlord under the act: Community and Private.

There are two main types of contract: Secure and Standard.

From the diagram below you can see how the different types of tenancy will become either a standard or secure contract and what terms are covered by their respective model contracts.

The type of landlord will usually dictate the type of contract they will issue. However, you will notice that some contracts that a community landlord would use would be a version of a standard contract. Additionally, there is nothing to stop a private landlord issuing a secure contract but this would probably be the result of an error rather than an intentional act.

WHAT IS AN OCCUPATION CONTRACT?

Section 7 defines a tenancy or licence as an ‘occupation contract’ if:

  • Rent or other consideration is paid, and
  • Contract between landlord (L) and individual(s) conferring right to occupy dwelling as home
  • Each person contracting with L is a contract holder (CH)
  • Individual under 18 cannot be a CH

WHAT IS A SECURE OCCUPATION CONTRACT?

  • An Occupation Contract made with a community landlord is usually a secure contract
  • ‘Community landlord’ is defined as:

 (a) Local Authority

  (b)  Registered Social landlord

  (c)  Private registered provider of social housing

  • Local Authority and Housing Association occupants will have the same type of contract

Listen to the audio for this lesson below.