Part 2

Leasehold reform
Chapter 1

Right to manage

Qualifying rules

Long leases: further provisions
77
1
A lease terminable by notice after a death, a marriage or the formation of a civil partnership is not a long lease if—
a
the notice is capable of being given at any time after the death or marriage of , or the formation of a civil partnership by, the tenant,
b
the length of the notice is not more than three months, and
c
the terms of the lease preclude both its assignment otherwise than by virtue of section 92 of the Housing Act 1985 (assignments by way of exchange) and the sub-letting of the whole of the demised premises.
2
Where the tenant of any property under a long lease, on the coming to an end of the lease, becomes or has become tenant of the property or part of it under any subsequent tenancy (whether by express grant or by implication of law), that tenancy is a long lease irrespective of its terms.
3
A lease—
a
granted for a term of years certain not exceeding 21 years, but with a covenant or obligation for renewal without payment of a premium (but not for perpetual renewal), and
b
renewed on one or more occasions so as to bring to more than 21 years the total of the terms granted (including any interval between the end of a lease and the grant of a renewal),
is to be treated as if the term originally granted had been one exceeding 21 years.
4
Where a long lease—
a
is or was continued for any period under Part 1 of the Landlord and Tenant Act 1954 (c. 56) or under Schedule 10 to the Local Government and Housing Act 1989 (c. 42), or
b
was continued for any period under the Leasehold Property (Temporary Provisions) Act 1951 (c. 38),
it remains a long lease during that period.
5
Where in the case of a flat there are at any time two or more separate leases, with the same landlord and the same tenant, and—
a
the property comprised in one of those leases consists of either the flat or a part of it (in either case with or without appurtenant property), and
b
the property comprised in every other lease consists of either a part of the flat (with or without appurtenant property) or appurtenant property only,
there shall be taken to be a single long lease of the property comprised in such of those leases as are long leases.
S. 77 wholly in force at 30.3.2004; s. 77 not in force at Royal Assent see s. 181(1); s. 77 wholly in force at 30.9.2003 for E. by S.I. 2003/1986, art. 2(a); s. 77 wholly in force at 30.3.2004 for W. by S.I. 2004/669, art. 2(a)
Words in s. 77(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 65(a); S.I. 2005/3175, art. 2(1), Sch. 1
Words in s. 77(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263(2), Sch. 8 para. 65(b); S.I. 2005/3175, art. 2(1), Sch. 1
Pt. 2 Ch. 1: power to amend conferred (20.1.2007 for specified purposes, otherwise 1.10.2009) by Companies Act 2006 (c. 46), ss. 1181(1)(b), 1300(2); S.I. 2006/3428, art. 3(3) (with arts. 5, 6, 8, Schs. 1, 5); S.I. 2008/2860, art. 3(v) (with arts. 5, 7, 8, Sch. 2)