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Part IE+W LANDLORD AND TENANT

Chapter IE+W COLLECTIVE ENFRANCHISEMENT IN CASE OF TENANTS OF FLATS

Valid from 11/10/1993

PreliminaryE+W

Valid from 01/04/1997

[F18AMeaning of “particularly long term”.E+W

(1)For the purposes of this Chapter a long lease is for a particularly long term if—

(a)it is granted for a term of years certain exceeding 35 years, whether or not it is (or may become) terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture or otherwise,

(b)it is for a term fixed by law under a grant with a covenant or obligation for perpetual renewal (other than a lease by sub-demise from one which is not for a particularly long term),

(c)it takes effect under section 149(6) of the M1Law of Property Act 1925 (leases terminable after a death or marriage), or

(d)it is a lease which—

(i)is or has been granted for a term of years certain not exceeding 35 years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and

(ii)is or has been renewed on one or more occasions so as to bring to more than 35 years the total of the terms granted (including any interval between the end of a lease and the grant of a renewal).

(2)A long lease which does not fall within subsection (1) above shall nonetheless be treated for the purposes of this Chapter as being for a particularly long term if it is a long lease by virtue of paragraph (c) or (d) of section 7(1).

(3)Where this Chapter applies as if there were a single lease of property comprised in two or more separate leases, then, if each of the separate leases is for a particularly long term, this Chapter shall apply as if the single lease were for such a term.]

Textual Amendments

F1S. 8A inserted (1.4.1997) by 1996 c. 52, s. 106, Sch. 9 para. 3(3); S.I. 1997/618, art. 2(1) (with savings in Sch.)

Marginal Citations