Leasehold Reform, Housing and Urban Development Act 1993

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] [F3or a secure contract (or an introductory standard contract)] 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] [F4or the secure contract (or the introductory standard contract)]) is also a public sector landlord.

F5[(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 [F6or the introductory tenancy] [F7or the secure contract (or the introductory standard contract)], 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)

F6Words in Sch. 9 para. 2(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 9(d)(ii)