Part 2Leasehold reform

Chapter 2Collective enfranchisement by tenants of flats

Qualifying rules

I1118 Premises with resident landlord

1

Section 10 of the 1993 Act (premises with a resident landlord) is amended as follows.

2

For subsection (1) (requirements that premises not be or form part of purpose-built block of flats and that they have been occupied for at least twelve months as only or principal home of owner of freehold or a family member) substitute—

1

For the purposes of this Chapter any premises falling within section 3(1) are premises with a resident landlord at any time if—

a

the premises are not, and do not form part of, a purpose-built block of flats;

b

the same person has owned the freehold of the premises since before the conversion of the premises into two or more flats or other units; and

c

he, or an adult member of his family, has occupied a flat or other unit contained in the premises as his only or principal home throughout the period of twelve months ending with that time.

3

For subsection (4) (premises held on trust) substitute—

4

Where the freehold of any premises is held on trust, subsection (1) applies as if—

a

the requirement in paragraph (b) were that the same person has had an interest under the trust (whether or not also a trustee) since before the conversion of the premises, and

b

paragraph (c) referred to him or an adult member of his family.