Housing Act 1996

112 Satisfaction of residence condition: new leases

(1) Section 39 of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (right of qualifying tenant of flat to acquire new lease) shall be amended as mentioned in subsections (2) to (4) below.

(2) In subsection (2) (circumstances in which the right conferred) for paragraph (b) (residence condition) there shall be substituted—

“(b) the condition specified in subsection (2A) or, as the case may be, (2B) is satisfied.

(2A) Where the lease by virtue of which the tenant is a qualifying tenant is vested in trustees (other than a sole tenant for life within the meaning of the [1925 c. 18.] Settled Land Act 1925), the condition is that an individual having an interest under the trust (whether or not also a trustee) has occupied the flat as his only or principal home—

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes.

(2B) Where the lease by virtue of which the tenant is a qualifying tenant is not vested as mentioned in subsection (2A), the condition is that the tenant has occupied the flat as his only or principal home—

(a) for the last three years, or

(b) for periods amounting to three years in the last ten years,

whether or not he has used it also for other purposes.”

(3) After subsection (4) there shall be inserted—

“(4A) For the purposes of subsection (2A)—

(a) any reference to the flat includes a reference to part of it; and

(b) it is immaterial whether at any particular time the individual’s occupation was in right of the lease by virtue of which the trustees are a qualifying tenant or in right of some other lease or otherwise.”

(4) In subsection (5), for “(2)(b)” there shall be substituted “(2B)”.

(5) In section 42 of that Act (notice by qualifying tenant of claim to exercise right) for subsection (4) there shall be substituted—

“(4) If the tenant’s lease is vested as mentioned in section 39(2A), the reference to the tenant in subsection (3)(b)(iv) shall be read as a reference to any individual with respect to whom it is claimed the condition in section 39(2A) is satisfied.”