The Tenancy Trail

Answer:

The question was, do any of the following apply:

• The occupier is under 18
• The occupation is under a business tenancy
• The occupiers have a protected tenancy under the Rent Act 1977
• The occupier has an agricultural tenancy
• This is a long lease with a term of more than 21 years
• Armed forces accommodation, and
• Short term accommodation provided by registered charities

Under Schedule 2 of the Renting Homes (Wales) Act 2016, these types of occupation cannot normally be an occupation contract under the act.

For more information, see schedule 2.  Note that none of these occupation types, other than protected tenancies, are covered on the Landlord Law site.

Note that a protected tenancy is one which first started before 15 January 1989 and where either the original tenant is in occupation or the spouse of the original tenant who has acquired a protected tenancy under the succession rules.

Further information (Landlord Law members only):

We have a FAQ here on the effect of giving a tenancy in England to someone under 18 which will presumably apply in Wales.

We have an article here on protected tenancies.