10 Premises with a resident landlord.E+W
[F1(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.]
(2)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(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.]
(4A)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)For the purposes of this section a person is an adult member of another’s family if that person is—
(a)the other’s [F6spouse or civil partner]; or
(b)a son or daughter or a son-in-law or daughter-in-law of the other, or of the other’s [F6spouse or civil partner], who has attained the age of 18; or
(c)the father or mother of the other, or of the other’s [F6spouse or civil partner];
and in paragraph (b) any reference to a person’s son or daughter includes a reference to any stepson or stepdaughter of that person, and “son-in-law” and “daughter-in-law” shall be construed accordingly.
(6)In this section—
F7. . .
“purpose-built block of flats” means a building which as constructed contained two or more flats.
[F8“qualifying flat”, in relation to a relevant person, or an adult member of a relevant person’s family, means a flat the freehold of the whole of which is owned by the relevant person.]
Textual Amendments
F1S. 10(1) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 118(2); S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(i) (subject to Sch. 2)
F2S. 10(2) repealed (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2)
F3S. 10(3) repealed by (26.7.2002 for E. and 1.1.2003 for W.) Commonhold and Leasehold Reform Act 2002 (c. 15), s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2)
F4S. 10(4) substituted (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 118(3); S.I. 2002/1912, art. 2(b)(i) (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(i), (subject to Sch. 2)
F5S. 10(4A) repealed (26.7.2002 for E. and 1.1.2003 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 180, Sch. 14; S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2); S. I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2)
F6Words in s. 10(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 48; S.I. 2005/3175, art. 2(1), Sch. 1
F7Definition in s. 10(6) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt.V; S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F8In s. 10(6) definition of "qualifying flat" repealed (prosp.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 180, Sch. 14; and by S.I. 2002/1912, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2), it is provided that the repeal of the definition of "qualifying tenant" in s. 10(6) is commenced (26.7.2002 for E.) and by S.I. 2002/3012, art. 2(b)(ii), Sch. 1 Pt. 1 (subject to Sch. 2), it is provided that the repeal of the definition of "qualifying tenant" in s. 10(6) is commenced (1.1.2003 for W.)