Flats etc. let under secure tenanciesE+W
2(1)This paragraph applies where immediately before the appropriate time any flat [F1falling within sub-paragraph (1A)] is let under a secure tenancy [F2or an introductory tenancy] and either—E+W
(a)the freeholder is the tenant’s immediate landlord, or
(b)the freeholder is a public sector landlord and every intermediate landlord of the flat (as well as the immediate landlord under the secure tenancy [F2or the introductory tenancy]) is also a public sector landlord.
[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)Sub-paragraph (1)(b) has effect whether any such intermediate landlord, or the immediate landlord under the secure tenancy [F4or the introductory tenancy], is or is not a qualifying tenant of the flat.
(3)Where this paragraph applies, the nominee purchaser shall grant to the freeholder a lease of the flat in accordance with section 36 and paragraph 4 below.
(4)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. 2(1) substituted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(3); S.I. 1996/2212, art. 2(2) (with saving in Sch.)
F2Words in Sch. 9 para. 2(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(i)
F3Sch. 9 para. 2(1A) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 20(3); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F4Words in Sch. 9 para. 2(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(ii)