# The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006, Article 2: Exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004

Extent: E+W

(1) A tenancy or licence of a house or a dwelling contained in a house is an exempt tenancy or licence for the purposes of Part 3 of the Housing Act 2004 (“the Act”) if it falls within any of the following descriptions—
(a) a tenancy or licence of a house or dwelling that is subject to a prohibition order made under section 20 of the Act whose operation has not been suspended in accordance with section 23 of the Act;
(b) a tenancy described in any of the following provisions of Part 1 of Schedule 1 to the Housing Act 1988, which cannot be an assured tenancy by virtue of section 1(2) of that Act—
(i) paragraph 4 (business tenancies);
(ii) paragraph 5 (licensed premises) ;
(iii) paragraph 6 (tenancies of agricultural land); or
(iv) paragraph 7 (tenancies of agricultural holdings etc) ;
(c) a tenancy or licence of a house or a dwelling that is managed or controlled by —
(i) a local housing authority;
(ii) a police authority established under section 3 of the Police Act 1996;
(iii) the Metropolitan Police Authority established under section 5B of the Police Act 1996;
(iv) a fire and rescue authority under the Fire and Rescue Services Act 2004; or
(v) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990;
(d) a tenancy or licence of a house which is not a house in multiple occupation for any purposes of the Act (except Part 1) by virtue of—
(i) paragraph 3 of Schedule 14 to the Act (buildings regulated otherwise than under the Act); or
(ii) paragraph 3A of that Schedule (buildings occupied by students : England);
(e) a tenancy of a house or a dwelling where—
(i) the full term of the tenancy is more than 21 years;
(ii) the lease does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term; and
(iii) the house or dwelling is occupied by a person to whom the tenancy was granted or his successor in title or any members of such person’s family;
(f) a tenancy or licence of a house or a dwelling granted by a person to a person who is a member of his family where—
(i) the person to whom the tenancy or licence is granted occupies the house or dwelling as his only or main residence;
(ii) the person granting the tenancy or licence is the freeholder or the holder of a lease of the house or dwelling the full term of which is more than 21 years; and
(iii) the lease referred to in sub-paragraph (ii) does not contain a provision enabling the landlord to determine the tenancy, other than by forfeiture, earlier than at end of the term;
(g) a tenancy or licence that is granted to a person in relation to his occupancy of a house or a dwelling as a holiday home; or
(h) a tenancy or licence under the terms of which the occupier shares any accommodation with the landlord or licensor or a member of the landlord’s or licensor’s family.
(2) For the purposes of this article—
(a) a person is a member of the same family as another person if—
(i) those persons live as a couple;
(ii) one of them is the relative of the other; or
(iii) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple;
(b) “couple” means two persons who are married to , or civil partners of, each other or live together as if they were a married couple or civil partners;
(c) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(d) a relationship of the half-blood is to be treated as a relationship of the whole blood;
(e) a stepchild of a person is to be treated as his child;
(f) an occupier shares accommodation with another person if he has the use of an amenity in common with that person (whether or not also in common with others); and
(g) “amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase , corridor or other means of access.

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Source: https://www.legislation.gov.uk/uksi/2006/370/article/2 (the official version)
Page: https://openlegislation.uk/selective-licensing-of-houses-specified-exemptions-england-order-2006/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.