Exclusion of Contract-Holder From Dwelling for Specified Periods

A fixed-term or periodic standard contract may provide that the contract-holder is not entitled to occupy the dwelling as a home for such periods as are specified in the contract (s.121 periodic and s.131 fixed-term).

The contract may specify periods by reference to specified dates or any matters reasonably ascertainable by the contract-holder.

There are no exclusions at the time of writing, but regulations may amend the Act for:

• an exclusion term may apply (or may not apply) to standard contracts of a particular description;
• changing, or imposing limits on, what may be provided for or specified in a contract relating to exclusion;
• generally specifying circumstances in which a contract may or may not include an exclusion term; or
• imposing requirements on a landlord about the inclusion in a contract of an exclusion term.

The term is a “key matter” (s.27) and should be shown on the same page where the party names, rent and periods are shown.

A term excluding a contract-holder for a specified period will most likely only be used in student lettings. Often they are granted for a year term, but during the summer break, it’s sometimes the case that the landlord wishes the dwelling not to be occupied. Sometimes this is to allow for refurbishment during the holiday.

Under previous rules, it was risky at best to seek payment of rent whilst simultaneously requiring the tenant to not occupy for some period, and section 121/131 fixes that problem.