{
  "url": "https://openlegislation.uk/selective-licensing-of-houses-specified-exemptions-wales-order-2006/article-2",
  "json_url": "https://openlegislation.uk/selective-licensing-of-houses-specified-exemptions-wales-order-2006/article-2.json",
  "legislation": "wsi/2006/2824",
  "legislation_title": "The Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006",
  "legislation_url": "https://openlegislation.uk/selective-licensing-of-houses-specified-exemptions-wales-order-2006",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004",
  "text": "(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 —\n(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;\n(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 —\n(i) paragraph 4 (business tenancies);\n(ii) paragraph 5 (licensed premises);\n(iii) paragraph 6 (tenancies of agricultural land); or\n(iv) paragraph 7 (tenancies of agricultural holdings etc.);\n(c) a tenancy or licence of a house or a dwelling that is managed or controlled by —\n(i) a local housing authority;\n(ii) a police authority established under section 3 of the Police Act 1996;\n(iii) a fire and rescue authority under the Fire and Rescue Services Act 2004; or\n(iv) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990;\n(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 —\n(i) paragraph 3 of Schedule 14 to the Act (buildings regulated otherwise than under the Act); or\n(ii) paragraph 4(1) of that Schedule (buildings occupied by students);\n(e) a tenancy of a house or a dwelling where —\n(i) the full term of the tenancy is more than 21 years;\n(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\n(iii) the house or dwelling is occupied by a person to whom the tenancy was granted or that person’s successor in title or any members of such person’s family;\n(f) a tenancy or licence of a house or a dwelling granted by a person to a person who is a member of that person’s family where —\n(i) the person to whom the tenancy or licence is granted occupies the house or dwelling as that person’s only or main residence;\n(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\n(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;\n(g) a tenancy or licence that is granted to a person in relation to that person’s occupancy of a house or a dwelling as a holiday home; or\n(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.\n(2) For the purposes of this article —\n(a) a person is a member of the same family as another person if —\n(i) those persons live as a couple;\n(ii) one of them is the relative of the other; or\n(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;\n(b) “couple” (“cwpl”) means two persons who are married to each other or live together as husband and wife (or in an equivalent relationship in the case of persons of the same sex);\n(c) “relative” (“perthynas”) means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;\n(d) a relationship of the half-blood is to be treated as a relationship of the whole blood;\n(e) a stepchild of a person is to be treated as that person’s child;\n(f) an occupier shares accommodation with another person if the occupier has the use of an amenity in common with that person (whether or not also in common with others); and\n(g) “amenity” (“amwynder”) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1988 c. 50."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Paragraph 5 of Part 1 of Schedule 1 to the Housing Act 1988 has been amended by section 198(1) and paragraph 108 of Schedule 6 to the Licensing Act 2003 (c. 17)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Paragraph 7 of Part 1 of Schedule 1 to the Housing Act 1988 has been amended by section 40 and paragraph 34 of the Schedule to the Agricultural Tenancies Act 1995 (c. 8)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1996 c. 16."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2004 c. 21."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "1990 c. 19."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "See section 254(5) of the Act."
    }
  ],
  "outstanding_effects": [
    {
      "type": "substituted",
      "affecting": "uksi/2014/107",
      "affecting_title": "The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2019/1458",
      "affecting_title": "The Civil Partnership (Opposite-sex Couples) Regulations 2019"
    },
    {
      "type": "substituted",
      "affecting": "uksi/2014/107",
      "affecting_title": "The Marriage (Same Sex Couples) Act 2013 (Consequential Provisions) Order 2014"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2019/1458",
      "affecting_title": "The Civil Partnership (Opposite-sex Couples) Regulations 2019"
    },
    {
      "type": "words omitted",
      "affecting": "wsi/2022/907",
      "affecting_title": "The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2006/2824/article/2",
    "retrieved_at": "2026-10-29T00:02:47.480920+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}