PART ITenants' Rights of First Refusal
Preliminary
3Qualifying tenants
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 [1980 c. 51.] Housing Act 1980;
b
a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 (business tenancies) applies; or
c
a tenancy terminable on the cessation of his employment.
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—
a
he is the tenant of any such flat solely by reason of a tenancy under which the demised premises consist of or include—
i
the flat and one or more other flats, or
ii
the flat and any common parts of the building; or
b
he is the tenant of more than 50 per cent. of the total number of flats contained in those premises.
3
For the purposes of subsection (2)(b) 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.