Part IVChange of Landlord: Secure Tenants
Preliminary
95Property excluded from right
1
A building shall be excluded from an acquisition under this Part if on the relevant date—
a
any part or parts of the building is or are occupied or intended to be occupied otherwise than for residential purposes; and
b
the internal floor area of that part or those parts (taken together) exceeds 50 per cent. of the internal floor area of the building (taken as a whole);
and for the purposes of this subsection the internal floor area of any common parts or common facilities shall be disregarded.
2
In the application of subsection (1) above to property falling within section 93(1)(b) above, a building or part of a building which, apart from this subsection, would not be regarded as occupied for residential purposes shall be so regarded if—
a
it is or is intended to be occupied together with a dwelling-house and used for purposes connected with the occupation of the dwelling-house; or
b
it is or is intended to be used for the provision of services to a dwelling-house which is comprised in a building falling within section 93(1)(a) above.
3
A building shall be excluded from an acquisition under this Part if—
a
it contains two or more dwelling-houses which on the relevant date are occupied by secure tenants who are not qualifying tenants; and
b
the number of dwelling-houses which on that date are occupied by such tenants exceeds 50 per cent. of the total number of dwelling-houses in the building.
4
A dwelling-house shall be excluded from an acquisition under this Part if it is a house and it is occupied on the relevant date by—
a
a secure tenant who is precluded from being a qualifying tenant by section 93(4)(b) above; or
b
a tenant who is not a secure tenant.
5
A building or other property shall be excluded from an acquisition under this Part if—
a
it was specified in some other application made under section 96 below made before the relevant date; and
b
that other application has not been disposed of.
6
Except to the extent that it comprises or is let together with a dwelling-house, property shall be excluded from an acquisition under this Part if it is land held—
a
for the purposes of section 164 of the [1875 c. 55.] Public Health Act 1875 (pleasure grounds); or
b
in accordance with section 10 of the [1906 c. 25.] Open Spaces Act 1906 (duty of local authority to maintain open spaces and burial grounds).
7
The Secretary of State may by order substitute for the percentage for the time being specified in subsection (1)(b) above such other percentage as is specified in the order.