3 Qualifying tenants.E+W
(1)Subject to the following provisions of this section, a person is for the purposes of this Part a qualifying tenant of a flat if he is the tenant of the flat under a tenancy other than—
(a)a protected shorthold tenancy as defined in section 52 of the M1Housing Act 1980;
(b)a tenancy to which Part II of the M2Landlord and Tenant Act 1954 (business tenancies) applies; . . . F1
(c)a tenancy terminable on the cessation of his employment [F2or
(d)an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988].
(2)A person is not to be regarded as being a qualifying tenant of any flat contained in any particular premises consisting of the whole or part of a building if [F3by virtue of one or more tenancies none of which falls within paragraphs (a) to (d) of subsection (1), he is the tenant not only of the flat in question but also of at least two other flats contained in those premises].
(3)For the purposes of subsection [F4(2)] any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company.
(4)A tenant of a flat whose landlord is a qualifying tenant of that flat is not to be regarded as being a qualifying tenant of that flat.
Textual Amendments
F1Word repealed by Housing Act 1988 (c. 50, SIF 61, 75:1), ss. 119, 140, Sch. 13 para. 2(1), Sch. 18
F2S. 3(1)(d) and the word “or” immediately preceding it added by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 13 para. 2(1)
F3Words substituted for paragraphs (a) and (b) by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 13 para. 2(2)
F4 “(2)” substituted for “(2)(b)” by Housing Act 1988 (c. 50, SIF 75:1), s. 119, Sch. 13 para. 2(2)
Marginal Citations