The RTB remit does not extend to:
- tenancies in local authority housing or under shared ownership lease arrangements.
- holiday letting agreements.
- the Rent a Room scheme (where the landlord and the tenant share the same self contained property).
- if a tenant lives with the spouse, civil partner parent or child of the landlord and there is no written letting agreement in place.
- if the property has been let through AirBNB (an online residential accommodation booking service).
There are further rare examples under the Landlord and Tenant (Ground Rents) Act 1978 and Landlord and Tenant (Amendment) Act 1980 when a dwellings may be exempted, for example:
- where a rented dwelling that may, in certain situations, be purchased by the tenant to take ownership of
- where a tenant may apply for a new tenancy on the ending of an earlier tenancy, if they can show long occupation or they have spent money on improvements of the property
Typically most licence arrangements do not come under the remit of the RTB. Please note that because a licence is named as such, it does not necessarily mean it is not operating as a tenancy for the purposes of the RTB.
A licence is usually said to exist where a person is:
- Staying in a hotel, guesthouse, hostel.
- Sharing with the owner in Rent a Room / digs / college properties.
- Staying in rented accommodation at the invitation of the tenant.
There is a formal licence agreement where the owner is not resident, not entitield to exclusive use and has contining access to the accommodation.
The law gives a licencee the right to request the landlord to allow him / her to become a tenant provided:
- He/she is in lawful occupation of the dwelling.
- A tenancy is in place for at least six months.