Part 2E+WLeasehold reform

Chapter 4E+WLeasehold houses

Qualifying rulesE+W

139 Reduction of qualifying period as tenant etcE+W

(1)In subsection (1)(b) of section 1 of the 1967 Act (requirement that person claiming entitlement to enfranchisement or extension has been tenant of house for last three years or for periods amounting to three years in last ten), for “three years or for periods amounting to three years in the last ten years” substitute “ two years ”.

(2)After subsection (1A) of that section insert—

(1B)This Part of this Act shall not have effect to confer any right on the tenant of a house under a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies unless, at the relevant time, the tenant has been occupying the house, or any part of it, as his only or main residence (whether or not he has been using it for other purposes)—

(a)for the last two years; or

(b)for periods amounting to two years in the last ten years.

(3)In—

(a)section 9(3)(b) of the 1967 Act (no new notice for three years after withdrawal), and

(b)section 23(2)(b) of the 1967 Act (agreements excluding or restricting for period not exceeding three years right to give further notice),

for “three years” substitute “ twelve months ”.

Commencement Information

I1S. 139 wholly in force at 1.1.2003; s. 139 not in force at Royal Assent, see s. 181(1); s. 139 in force at 26.7.2002 for E. by S.I. 2002/1912, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2); s. 139 in force at 1.1.2003 for W. by S.I. 2002/3012, art. 2(b)(i) (subject to transitional provisions and savings in Sch. 2)