(1)For the purposes of this Chapter a qualifying tenant of a flat satisfies the residence condition at any time when the condition specified in subsection (2) is satisfied with respect to him.
(2)That condition is that the tenant has occupied the flat as his only or principal home—
(a)for the last twelve months, 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)For the purposes of subsection (2)—
(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 subsection.
[F1(4)Subsection (1) shall not apply where a lease is vested in trustees (other than a sole tenant for life within the meaning of the M1Settled Land Act 1925), and, in that case, a qualifying tenant of a flat shall, for the purposes of this Chapter, be treated as satisfying the residence condition at any time when the condition in subsection (5) is satisfied with respect to an individual having an interest under the trust (whether or not also a trustee).
(5)That condition is that the individual has occupied the flat as his only or principal home—
(a)for the last twelve months, or
(b)for periods amounting to three years in the last ten years,
whether or not he has used the flat also for other purposes.
(6)For the purposes of subsection (5)—
(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.]
Textual Amendments
F1S. 6(4)(5)(6) substituted (1.10.1996) for s. 6(4) by 1996 c. 52, s. 111(1); S.I. 1996/2212. art. 2(2) (with savings in Sch.)
Marginal Citations