S. 39(2)(b)(2A)(2B) substituted for s. 39(2)(b) (1.10.1996) by 1996 c. 52, s. 112(2); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

1925 c. 18.

S. 39(4A) inserted (1.10.1996) by 1996 c. 52, s. 112(3); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

Word in s. 39(5) substituted (1.10.1996) by 1996 c. 52, s. 112(4); S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

S. 39(6) repealed (1.10.1996) by 1996 c. 52, s. 227, Sch. 19 Pt.V; S.I. 1996/2212, art. 2(2) (with savings in art. 2(2), Sch. para. 4)

http://www.legislation.gov.uk/ukpga/1993/28/section/39/1996-10-01Leasehold Reform, Housing and Urban Development Act 1993An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.1993-07-20texttext/xmlenStatute Law Database2024-05-171996-10-01Part I LANDLORD AND TENANTChapter II INDIVIDUAL RIGHT OF TENANT OF FLAT TO ACQUIRE NEW LEASE Preliminary
39 Right of qualifying tenant of flat to acquire new lease.1

This Chapter has effect for the purpose of conferring on a tenant of a flat, in the circumstances mentioned in subsection (2), the right, exercisable subject to and in accordance with this Chapter, to acquire a new lease of the flat on payment of a premium determined in accordance with this Chapter.

2

Those circumstances are that on the relevant date for the purposes of this Chapter—

a

the tenant is a qualifying tenant of the flat; and

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 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

The following provisions, namely—

a

section 5 (with the omission of subsections (5) and (6)),

b

section 7, and

c

section 8,

shall apply for the purposes of this Chapter as they apply for the purposes of Chapter I; and references in this Chapter to a qualifying tenant of a flat shall accordingly be construed by reference to those provisions.

4

For the purposes of this Chapter a person can be (or be among those constituting) the qualifying tenant of each of two or more flats at the same time, whether he is tenant of those flats under one lease or under two or more separate leases.

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.

5

For the purposes of subsection (2B) above—

a

any reference to the tenant’s flat includes a reference to part of it; and

b

it is immaterial whether at any particular time the tenant’s occupation was in right of the lease by virtue of which he is a qualifying tenant or in right of some other lease or otherwise;

but any occupation by a company or other artificial person, or (where the tenant is a corporation sole) by the corporator, shall not be regarded as occupation for the purposes of that provision.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The right conferred by this Chapter on a tenant to acquire a new lease shall not extend to underlying minerals comprised in his existing lease if—

a

the landlord requires the minerals to be excepted, and

b

proper provision is made for the support of the premises demised by that existing lease as they are enjoyed on the relevant date.

8

In this Chapter “the relevant date”, in relation to a claim by a tenant under this Chapter, means the date on which notice of the claim is given to the landlord under section 42.