Part I Tenants’ Rights of First Refusal

Preliminary

3 Qualifying tenants.

1

Subject to the following provisions of this section, a person is for the purposes of this Part a qualifying tenant of a flat if he is the tenant of the flat under a tenancy other than—

a

a protected shorthold tenancy as defined in section 52 of the M1Housing Act 1980;

b

a tenancy to which Part II of the M2Landlord and Tenant Act 1954 (business tenancies) applies; . . . F1

c

a tenancy terminable on the cessation of his employment F2F5;

d

an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988F6;

F7e

an occupation contract that immediately before the appointed day was an assured agricultural occupancy within the meaning of Part 1 of the Housing Act 1988 (c. 50); or

f

a tenancy—

i

which is a secure contract, and

ii

in relation to which, the landlord is not a local authority.

2

A person is not to be regarded as being a qualifying tenant of any flat contained in any particular premises consisting of the whole or part of a building if F3by virtue of one or more tenancies none of which falls within paragraphs (a) to (d) of subsection (1), he is the tenant not only of the flat in question but also of at least two other flats contained in those premises.

3

For the purposes of subsection F4(2) any tenant of a flat contained in the premises in question who is a body corporate shall be treated as the tenant of any other flat so contained and let to an associated company.

4

A tenant of a flat whose landlord is a qualifying tenant of that flat is not to be regarded as being a qualifying tenant of that flat.

F85

In this section, the following terms have the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1)—

  • “appointed day” (see section 242 of that Act);

  • “secure contract” (see section 8 of that Act).