Excluded tenancies and licences HA 1988 s. 31
Defines excluded tenancies & licences under PEA 1977: sharing with landlord/family, trespasser lets, holiday lets, no rent, hostel licences.
After section 3 of the 1977 Act there shall be inserted the following section— Any reference in this Act to an excluded tenancy or an excluded licence is a reference to a tenancy or licence which is excluded by virtue of any of the following provisions of this section. A tenancy or licence is excluded if— under its terms the occupier shares any accommodation with the landlord or licensor; and immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part. A tenancy or licence is also excluded if— under its terms the occupier shares any accommodation with a member of the family of the landlord or licensor; immediately before the tenancy or licence was granted and also at the time it comes to an end, the member of the family of the landlord or licensor occupied as his only or principal home premises of which the whole or part of the shared accommodation formed part; and immediately before the tenancy or licence was granted and also at the time it comes to an end, the landlord or licensor occupied as his only or principal home premises in the same building as the shared accommodation and that building is not a purpose-built block of flats. For the purposes of subsections (2) and (3) above, an occupier shares accommodation with another person if he has the use of it in common with that person (whether or not also in common with others) and any reference in those subsections to shared accommodation shall be construed accordingly, and if, in relation to any tenancy or licence, there is at any time more than one person who is the landlord or licensor, any reference in those subsections to the landlord or licensor shall be construed as a reference to any one of those persons. In subsections (2) to (4) above— “ accommodation ” includes neither an area used for storage nor a staircase, passage, corridor or other means of access; “ occupier ” means, in relation to a tenancy, the tenant and, in relation to a licence, the licensee; and “ purpose-built block of flats ” has the same meaning as in Part III of Schedule 1 to the Housing Act 1988; and section 113 of the Housing Act 1985 shall apply to determine whether a person is for the purposes of subsection (3) above a member of another’s family as it applies for the purposes of Part IV of that Act. A tenancy or licence is excluded if it was granted as a temporary expedient to a person who entered the premises in question or any other premises as a trespasser (whether or not, before the beginning of that tenancy or licence, another tenancy or licence to occupy the premises or any other premises had been granted to him). A tenancy or licence is excluded if— it confers on the tenant or licensee the right to occupy the premises for a holiday only; or it is granted otherwise than for money or money’s worth. A licence is excluded if it confers rights of occupation in a hostel, within the meaning of the Housing Act 1985, which is provided by— the council of a county, district or London Borough, the Common Council of the City of London, the Council of the Isles of Scilly, the Inner London Education Authority, a joint authority within the meaning of the Local Government Act 1985 or a residuary body within the meaning of that Act; a development corporation within the meaning of the New Towns Act 1981; the Commission for the New Towns; an urban development corporation established by an order under section 135 of the Local Government, Planning and Land Act 1980; a housing action trust established under Part III of the Housing Act 1988; the Development Board for Rural Wales; the Housing Corporation or Housing for Wales; a housing trust which is a charity or a registered housing association, within the meaning of the Housing Associations Act 1985; or any other person who is, or who belongs to a class of person which is, specified in an order made by the Secretary of State. The power to make an order under subsection (8)(i) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lists categories of tenancies and licences that are not covered by the Protection from Eviction Act 1977. They are called 'excluded'.
The main exclusions are: where the occupier shares accommodation with the landlord or the landlord's family (and the landlord or family member lives there as their only or principal home); tenancies granted as a temporary expedient to someone who originally entered as a trespasser; holiday lets; arrangements with no rent; and certain hostel licences granted by local authorities, housing corporations, or other specified bodies.
Key terms: 'accommodation' does not include storage areas, stairs, or corridors; 'occupier' means tenant or licensee; and 'purpose-built block of flats' has the same meaning as in Part III of Schedule 1 to the Housing Act 1988. Family relationships are determined under section 113 of the Housing Act 1985.
When it applies
- Renting a room in your landlord's own home and sharing the kitchen and living room.
- Allowing a family member to stay in your home without charging rent.
- Letting a holiday cottage for a week.
- Allowing a squatter to stay temporarily while they find somewhere else to live.
- Staying in a council-run hostel for homeless people.
What this section does not say
- Tenancies where the landlord lives in a separate self-contained flat in the same building (no shared accommodation).
- Assured shorthold tenancies under the Housing Act 1988 – those are governed by different rules.
- Tenancies where the tenant shares accommodation with another tenant, not the landlord or landlord's family.
- Licences for long-term occupation where rent is paid – these may be assured tenancies.
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This page reproduces the text of HA 1988 s. 31 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.