77 Qualifying tenants.E+W
(1)Subject to the following provisions of this section, a tenant is a qualifying tenant of a dwelling for the purposes of this Chapter if—
(a)he is a tenant of the dwelling under a long lease other than a business lease; and
(b)any service charge is payable under the lease.
(2)For the purposes of subsection (1) a lease is a long lease if—
(a)it is a lease falling within any of paragraphs (a) to (c) of subsection (1) of section 7; or
(b)it is a shared ownership lease (within the meaning of that section), whether granted in pursuance of Part V of the M1Housing Act 1985 or otherwise and whatever the share of the tenant under it.
(3)No dwelling shall have more than one qualifying tenant at any one time.
(4)Accordingly—
(a)where a dwelling is for the time being let under two or more leases falling within subsection (1), any tenant under any of those leases which is superior to that held by any other such tenant shall not be a qualifying tenant of the dwelling for the purposes of this Chapter; and
(b)where a dwelling is for the time being let to joint tenants under a lease falling within subsection (1), the joint tenants shall (subject to paragraph (a)) be regarded for the purposes of this Chapter as jointly constituting the qualifying tenant of the dwelling.
(5)A person can, however, be (or be among those constituting) the qualifying tenant of each of two or more dwellings at the same time, whether he is tenant of those dwellings under one lease or under two or more separate leases.
(6)Where two or more persons constitute the qualifying tenant of a dwelling in accordance with subsection (4)(b), any one or more of those persons may sign a notice under section 80 on behalf of both or all of them.
Marginal Citations