(1)The appropriate national authority may by regulations prescribe requirements which must be met before a right of re-entry or forfeiture may be exercised in relation to a breach of a covenant or condition in a long lease of an unmortgaged dwelling.
(2)The regulations may specify that the requirements are to be in addition to, or instead of, requirements imposed otherwise than by the regulations.
(3)In this section “long lease of a dwelling” does not include—
(a)a tenancy to which Part 2 of the Landlord and Tenant Act 1954 (c. 56) (business tenancies) applies,
(b)a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 (c. 5) in relation to which that Act applies, or
(c)a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995 (c. 8).
(4)For the purposes of this section a dwelling is unmortgaged if it is not subject to a mortgage, charge or lien.
(5)In this section—
“dwelling” has the same meaning as in the 1985 Act, and
“long lease” has the meaning given by sections 76 and 77 of this Act, except that a shared ownership lease is a long lease whatever the tenant’s total share.
Commencement Information
I1S. 171 wholly in force at 31.5.2005; s. 171 not in force at Royal Assent see s. 181(1); s. 171 in force for specified purposes at 26.7.2002 for E. by S.I. 2002/1912, art. 2(c); s. 171 in force for specified purposes at 1.1.2003 for W. by S.I. 2002/3012, art. 2(c); s. 171 in force so far as not already in force at 28.2.2005 for E. by S.I. 2004/3056, art. 3(g); s. 171 in force so far as not already in force at 31.5.2005 for W. by S.I. 2005/1353, art. 2(g)