Section 3: Qualifying tenants.

Landlord and Tenant Act 1987 · 1987 c. 31View on legislation.gov.uk

Part I: Tenants' Rights of First Refusal

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 protected shorthold tenancy as defined in section 52 of the Housing Act 1980;
a tenancy to which Part II of the Landlord and Tenant Act 1954 (business tenancies) applies; . . .
a tenancy terminable on the cessation of his employment ;
an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988 ; or
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a tenancy that is an occupation contract (within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7 of that Act)).

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 by 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.

For the purposes of subsection (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.

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.

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