Housing Act 1996

[F1 111 Satisfaction of residence condition: collective enfranchisement. E+W

(1) In section 6 of the M1 Leasehold Reform, Housing and Urban Development Act 1993 (which provides when a qualifying tenant of a flat satisfies the residence condition) for subsection (4) there shall be substituted—

“(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 M2 Settled 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.”.

(2) In section 13(3)(e)(iii) of that Act (particulars of satisfaction of residence condition to be included in the notice by which qualifying tenants exercise right to collective enfranchisement)—

(a) after “which he” there shall be inserted “ , or, where the tenant’s lease is vested as mentioned in section 6(4), the individual concerned, ”, and

(b) for “his”, in the first place where it occurs, there shall be substituted “ the ”.]

Textual Amendments

F1 S. 111 repealed (26.7.2002 for E. and otherwiseprosp.) by 2002 c. 15, ss. 180, 181(1), Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to transitional provisions and savings in Sch. 2)

Modifications etc. (not altering text)

C1 S. 111 restricted (22.8.1996) by S.I. 1996/2212, art. 2(2), Sch. para 4.

Marginal Citations

M1 1993 c. 28.

M2 1925 c. 18.