Leasehold Reform, Housing and Urban Development Act 1993

39 Right of qualifying tenant of flat to acquire new lease. E+W

(1) This Chapter has effect for the purpose of conferring on a tenant of a flat, in the circumstances mentioned in subsection (2), the right, exercisable subject to and in accordance with this Chapter, to acquire a new lease of the flat on payment of a premium determined in accordance with this Chapter.

(2) Those circumstances are that on the relevant date for the purposes of this Chapter—

(a) the tenant is a qualifying tenant of the flat; and

[F1 (b) the condition specified in subsection (2A) or, as the case may be, (2B) is satisfied.

(2A) Where the lease by virtue of which the tenant is a qualifying tenant is vested in trustees (other than a sole tenant for life within the meaning of the M1 Settled Land Act 1925), the condition is that an individual having an interest under the trust (whether or not also a trustee) has occupied the flat as his only or principal home—

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes.

(2B) Where the lease by virtue of which the tenant is a qualifying tenant is not vested as mentioned in subsection (2A), the condition is that the tenant has occupied the flat as his only or principal home—

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes.]

(3) The following provisions, namely—

(a) section 5 (with the omission of subsections (5) and (6)),

(b) section 7, and

(c) section 8,

shall apply for the purposes of this Chapter as they apply for the purposes of Chapter I; and references in this Chapter to a qualifying tenant of a flat shall accordingly be construed by reference to those provisions.

(4) For the purposes of this Chapter a person can be (or be among those constituting) the qualifying tenant of each of two or more flats at the same time, whether he is tenant of those flats under one lease or under two or more separate leases.

[F2 (4A) For the purposes of subsection (2A)—

(a) any reference to the flat includes a reference to part of it; and

(b) it is immaterial whether at any particular time the individual’s occupation was in right of the lease by virtue of which the trustees are a qualifying tenant or in right of some other lease or otherwise.]

(5) For the purposes of subsection [F3 (2B)] above—

(a) any reference to the tenant’s flat includes a reference to part of it; and

(b) it is immaterial whether at any particular time the tenant’s occupation was in right of the lease by virtue of which he is a qualifying tenant or in right of some other lease or otherwise;

but any occupation by a company or other artificial person, or (where the tenant is a corporation sole) by the corporator, shall not be regarded as occupation for the purposes of that provision.

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The right conferred by this Chapter on a tenant to acquire a new lease shall not extend to underlying minerals comprised in his existing lease if—

(a) the landlord requires the minerals to be excepted, and

(b) proper provision is made for the support of the premises demised by that existing lease as they are enjoyed on the relevant date.

(8) In this Chapter “the relevant date”, in relation to a claim by a tenant under this Chapter, means the date on which notice of the claim is given to the landlord under section 42.

Textual Amendments

F1 S. 39(2)(b)(2A)(2B) substituted for s. 39(2)(b) (1.10.1996) by 1996 c. 52, s. 112(2); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

F2 S. 39(4A) inserted (1.10.1996) by 1996 c. 52, s. 112(3); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

F3 Word in s. 39(5) substituted (1.10.1996) by 1996 c. 52, s. 112(4); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

F4 S. 39(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 art. 2(2), Sch. para. 4)

Marginal Citations

M1 1925 c. 18.