Commentary on Sections Part 3: Access to Services etc Schedule 3: Excluded residential tenancy agreements Section 37: Interpretation
183.This section sets out the definitions given to terms within these provisions.
184.Subsection (6) enables the Secretary of State to prescribe situations which will or will not be treated as entering into a residential tenancy agreement and circumstances where a person will or will not be considered to be occupying premises as their only or main residence for the purposes of these provisions. This will allow the Secretary of State to make provision in relation to a range of different circumstances that may occur in relation to a residential tenancy agreement – for example, the variation and renewal of agreements. The power will enable the Secretary of State to specify how such matters are to be dealt with for the purposes of these provisions. The power will also allow the Secretary of State to put in place anti-avoidance measures should this prove necessary in relation to the premises which should be considered to be a person’s only or main residence, for instance by ensuring that illegal migrants are not able to escape the provisions by claiming that their only or main residence is overseas. The order is subject to the negative resolution procedure (see section 74).