Commonhold and Leasehold Reform Act 2002 Explanatory Notes

Qualifying rules

Section 118: Premises with resident landlord

206.Section 118 amends section 10 of the 1993 Act which exempts premises converted into four or fewer flats where the landlord or an adult family member has occupied one of the flats as their only or principal home for at least twelve months.  This exemption will now apply only if the landlord has owned the freehold since before the conversion.  Where the freehold of the premises is held on trust, the exemption will only apply where the person, or at least one of the persons, occupying one of the flats as their only or principal home for at least twelve months had also been a beneficiary of the trust since before the conversion.

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