Commonhold and Leasehold Reform Act 2002 (c. 15)

Part 2 E+W Leasehold reform

Chapter 3 E+W New leases for tenants of flats

Qualifying rules E+W

130 Replacement of residence test E+W

(1) Section 39 of the 1993 Act (the right) is amended as follows.

(2) In subsection (2)(a) (requirement that tenant is qualifying tenant of flat on the relevant date), for “is” substitute “ has for the last two years been ”.

(3) Omit subsections (2)(b), (2A) and (2B) (requirement that tenant has occupied flat as only or principal home for three years).

Commencement Information

I1 S. 130 wholly in force at 1.1.2003; s. 130 not in force at Royal Assent, see s. 181(1); s. 130 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 130 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)