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	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Selective Licensing of Houses (Specified Exemptions) (Wales) Order 2006 No. 2824 (W.247) URL: http://www.bailii.org/wales/legis/num_reg/2006/20062824e.html

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(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[3], 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)[4];

(iii) paragraph 6 (tenancies of agricultural land); or

(iv) paragraph 7 (tenancies of agricultural holdings[5] 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[6];

(iii) a fire and rescue authority under the Fire and Rescue Services Act 2004[7]; or

(iv) a health service body within the meaning of section 4 of the National Health Service and Community Care Act 1990[8];



(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 4(1) of that Schedule (buildings occupied by students)[9];



(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 that person's 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 that person's family where —



(i) the person to whom the tenancy or licence is granted occupies the house or dwelling as that person's 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 that person's 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" ("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);

(c) "relative" ("perthynas") 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 that person's child;

(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

(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.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[10]


D. Elis-Thomas
The Presiding Officer of the National Assembly

25 October 2006

[2] For the meaning of "house" see section 99 of the Act.back

[3] 1988 c. 50.back

[4] 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).back

[5] 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).back

[6] 1996 c. 16.back

[7] 2004 c.21.back

[8] 1990 c. 19.back

[9] See section 254(5) of the Act.back

[10] 1998 c.38.back

 © Crown copyright 2006