Housing Act 1985

115 Meaning of “long tenancy”. E+W

(1) The following are long tenancies for the purposes of this Part, subject to subsection (2)—

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

(b) a tenancy for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a tenancy by sub-demise from one which is not a long tenancy;

(c) any tenancy granted in pursuance of Part V (the right to buy) [F1 , including any tenancy granted in pursuance of that Part F2 ... by virtue of section 17 of the Housing Act 1996 (the right to acquire)].

(2) A tenancy granted so as to become terminable by notice after a death is not a long tenancy for the purposes of this Part, unless—

(a) it is granted by a housing association which at the time of the grant is [F3 a private registered provider of social housing or] [F4 a registered social landlord],

(b) it is granted at a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, and

(c) at the time it is granted it complies with the requirements of the regulations then in force under section 140(4)(b) of the M1 Housing Act 1980 [F5 or paragraph 4(2)(b) of schedule 4A to the Leasehold Reform Act 1967] (conditions for exclusion of shared ownership leases from Part I of the M2 Leasehold Reform Act 1967) or, in the case of a tenancy granted before any such regulations were brought into force, with the first such regulations to be in force.

Textual Amendments

F1 Words in s. 115(1)(c) inserted (1.4.1997) by S.I. 1997/627, art. 2, Sch. para. 3(2)

F2 Words in s. 115(1)(c) omitted (26.1.2019) by virtue of The Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (Consequential Amendments and Savings Provisions) Regulations 2019 (S.I. 2019/110), regs. 1, 3(a) (with reg. 5)

F3 Words in s. 115(2)(a) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 26 (with art. 6, Sch. 3)

F4 Words in s. 115(2)(a) substituted (1.10.1996) by S.I. 1996/2325, art. 5(1), Sch. 2 para. 14(13)

F5 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 40

Marginal Citations

M1 1980 c. 51

M2 1967 c. 88.