Search Legislation

Building Safety Act 2022

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 119

 Help about opening options

Alternative versions:

Status:

Point in time view as at 24/07/2024.

Changes to legislation:

Building Safety Act 2022, Section 119 is up to date with all changes known to be in force on or before 20 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

119Meaning of “qualifying lease” and “the qualifying time”E+W

This section has no associated Explanatory Notes

(1)This section applies for the purposes of sections 122 to [F1124] and Schedule 8.

(2)A lease is a “qualifying lease” if—

(a)it is a long lease of a single dwelling in a relevant building,

(b)the tenant under the lease is liable to pay a service charge,

(c)the lease was granted before 14 February 2022, and

(d)at the beginning of 14 February 2022 (“the qualifying time”)—

(i)the dwelling was a relevant tenant’s only or principal home,

(ii)a relevant tenant did not own any other dwelling in the United Kingdom, or

(iii)a relevant tenant owned no more than two dwellings in the United Kingdom apart from their interest under the lease.

(3)Where a dwelling was at the qualifying time let under two or more leases to which subsection (2)(a) and (b) apply, any of those leases which is superior to any of the other leases is not a “qualifying lease”.

[F2(3A)A connected replacement lease (see section 119A) is also a “qualifying lease”.]

(4)For the purposes of this section—

(a)long lease” means a lease granted for a term of years certain exceeding 21 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise;

(b)a person “owns” a dwelling in England, Wales or Northern Ireland if the person has a freehold interest in it or is a tenant under a long lease of it;

(c)relevant tenant” means a person who, at the qualifying time, was the tenant, or any of the tenants, under the lease mentioned in subsection (2);

(d)service charge” has the meaning given by section 18 of the Landlord and Tenant Act 1985.

Textual Amendments

F2S. 119(3A) inserted (retrospectively) by Levelling-Up and Regeneration Act 2023 (c. 55), s. 243(2)(5) (with s. 247)

Commencement Information

I1S. 119 in force at 28.6.2022, see s. 170(3)(a)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?