3(1)This paragraph applies where immediately before the appropriate time any flat [F1falling within sub-paragraph (1A)] is let by a housing association under a tenancy other than a secure tenancy [F2or secure contract] and—E+W
(a)the housing association is the freeholder, and
(b)the tenant is not a qualifying tenant of the flat.
F3[(1A)A flat falls within this sub-paragraph if—
(a)the freehold of the whole of it is owned by the same person, and
(b)it is contained in the specified premises.]
(2)Where this paragraph applies, the nominee purchaser shall grant to the freeholder (that is to say, the housing association) a lease of the flat in accordance with section 36 and paragraph 4 below.
(3)In this paragraph any reference to a flat includes a reference to a unit (other than a flat) which is used as a dwelling.
Textual Amendments
F1Words in Sch. 9 para. 3(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(4); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F2Words in Sch. 9 para. 3(1) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 22(5)(f)
F3Sch. 9 para. 3(1A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(4); S.I. 1996/2212, art. 2(2) (with savings in Sch.)