Part 2Leasehold reform
C1Chapter 1Right to manage
Qualifying rules
I175 Qualifying tenants
1
This section specifies whether there is a qualifying tenant of a flat for the purposes of this Chapter and, if so, who it is.
2
Subject as follows, a person is the qualifying tenant of a flat if he is tenant of the flat under a long lease.
3
Subsection (2) does not apply where the lease is a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies.
4
Subsection (2) does not apply where—
a
the lease was granted by sub-demise out of a superior lease other than a long lease,
b
the grant was made in breach of the terms of the superior lease, and
c
there has been no waiver of the breach by the superior landlord.
5
No flat has more than one qualifying tenant at any one time; and subsections (6) and (7) apply accordingly.
6
Where a flat is being let under two or more long leases, a tenant under any of those leases which is superior to that held by another is not the qualifying tenant of the flat.
7
Where a flat is being let to joint tenants under a long lease, the joint tenants shall (subject to subsection (6)) be regarded as jointly being the qualifying tenant of the flat.
Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)