S. 130 wholly in force at 1.1.2003; s. 130 not in force at Royal Assent, see s. 181(1); s. 130 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. 130 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)

http://www.legislation.gov.uk/ukpga/2002/15/section/130Commonhold and Leasehold Reform Act 2002An Act to make provision about commonhold land and to amend the law about leasehold property.2002-05-09texttext/xmlenStatute Law Database2024-05-17Expert Participation2023-04-06Commonhold and Leasehold Reform Act 2002s. 82(4)(5)Leasehold and Freehold Reform Act 2024s. 50(2)(b)s. 124(3)Commonhold and Leasehold Reform Act 2002s. 87A87BLeasehold and Freehold Reform Act 2024s. 50(3)s. 124(3)Commonhold and Leasehold Reform Act 2002s. 107(3)(4)Leasehold and Freehold Reform Act 2024s. 51(3)s. 124(3)Commonhold and Leasehold Reform Act 2002Sch. 11 para. 4A4B and cross-headingLeasehold and Freehold Reform Act 2024s. 61(b)s. 71s. 124(3)Commonhold and Leasehold Reform Act 2002s. 172(1)(i) and wordLeasehold and Freehold Reform Act 2024s. 62(5)(b)s. 71s. 124(3)Commonhold and Leasehold Reform Act 2002Sch. 11 para. 5B5C and cross-headingLeasehold and Freehold Reform Act 2024s. 62(7)(b)s. 71s. 124(3)Commonhold and Leasehold Reform Act 2002Sch. 11 para. 5BLeasehold and Freehold Reform Act 2024s. 63s. 71s. 124(3)Commonhold and Leasehold Reform Act 2002s. 130(2)Leasehold and Freehold Reform Act 2024Sch. 9 para. 11(d)s. 124(3)Part 2Leasehold reformChapter 3New leases for tenants of flatsQualifying rules

130 Replacement of residence test1

Section 39 of the 1993 Act (the right) is amended as follows.

In subsection (2)(a) (requirement that tenant is qualifying tenant of flat on the relevant date), for “is” substitute “ has for the last two years been ”.

Omit subsections (2)(b), (2A) and (2B) (requirement that tenant has occupied flat as only or principal home for three years).