Leasehold Reform, Housing and Urban Development Act 1993

10 Premises with a resident landlord. E+W

(1) For the purposes of this Chapter any premises falling within section 3(1) are at any time premises with a resident landlord if—

(a) the premises are not, and do not form part of, a purpose-built block of flats; and

(b) [F1 a relevant person, or an adult member of a relevant person’s] family—

(i) at that time occupies a flat contained in the premises [F2 which is a qualifying flat] as his only or principal home, and

(ii) has so occupied such a flat throughout a period of not less than twelve months ending with that time.

(2) Where any premises falling within section 3(1) would at any time (“the relevant time”) be premises with a resident landlord but for the fact that subsection (1)(b)(ii) above does not apply, the premises shall nevertheless be treated for the purposes of this Chapter as being at that time premises with a resident landlord if—

(a) immediately before the date when the [F3 relevant person] acquired his interest in the premises the premises were (or, had this Chapter [F4 , or, as the case may be, the amendments of this Chapter made by the Housing Act 1996,] then been in force, would have been) such premises for the purposes of this Chapter; and

(b) the [F5 relevant person, or an adult member of that person’s] family—

(i) entered into occupation of a flat contained in the premises [F6 which is a qualifying flat] within the period of 28 days beginning with that date, and

(ii) has occupied such a flat as his only or principal home throughout the period beginning with the time when he so entered into occupation and ending with the relevant time.

(3) In paragraph (b) of each of subsections (1) and (2) any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling.

(4) Where the [F7 interest of a relevant person] in any premises is held on trust, subsections (1) and (2) shall apply as if, in paragraph (b) of each of those subsections, any reference to the [F7 a relevant person] were instead a reference to a person having an interest under the trust (whether or not also a trustee).

[F8 (4A) For the purposes of this section a person is a relevant person, in relation to any premises, if he owns the freehold of the whole or any part of the premises.]

(5) For the purposes of this section a person is an adult member of another’s family if that person is—

(a) the other’s wife or husband; or

(b) a son or daughter or a son-in-law or daughter-in-law of the other, or of the other’s wife or husband, who has attained the age of 18; or

(c) the father or mother of the other, or of the other’s wife or husband;

and in paragraph (b) any reference to a person’s son or daughter includes a reference to any stepson or stepdaughter of that person, and “son-in-law” and “daughter-in-law” shall be construed accordingly.

(6) In this section—

• F9 . . .

• “purpose-built block of flats” means a building which as constructed contained two or more flats.

• [F10 “qualifying flat”, in relation to a relevant person, or an adult member of a relevant person’s family, means a flat the freehold of the whole of which is owned by the relevant person.]

Textual Amendments

F1 Words in s. 10(1)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(2)(a); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F2 Words in s. 10(1)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(2)(b); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F3 Words in s. 10(2)(a) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(3)(a)(i); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F4 Words in s. 10(2)(a) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(3)(a)(ii); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F5 Words in s. 10(2)(b) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(3)(b)(i); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F6 Words in s. 10(2)(b)(i) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(3)(b)(ii); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F7 Words in s. 10(4) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(a)(b); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F8 S. 10(4A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(5); S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F9 Definition in s. 10(6) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt.V; S.I. 1996/2212, art. 2(2) (with savings in Sch.)

F10 Definition in s. 10(6) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 4(6); S.I. 1996/2212, art. 2(2) (with savings in Sch.)