Section 138: Abolition of residence test

Commonhold and Leasehold Reform Act 2002 · 2002 c. 15View on legislation.gov.uk

Part 2: Leasehold reform — Chapter 4: Leasehold houses

In subsection (1) of section 1 of the 1967 Act (tenants of houses entitled to enfranchisement or extension), omit—

", occupying the house as his residence," and
", and occupying it as his residence,".

After that subsection insert—

In subsection (3) of that section (exception where house is let to and occupied by tenant with other land or premises to which it is ancillary), for "occupation of it as his residence (but shall apply as if he were not so occupying it)" substitute ." being a tenant of it "

In section 2(4) of the 1967 Act (premises previously let with house), for "occupied and used as mentioned in subsection (3) above" substitute ." subject to a tenancy vested in him "

In section 6(1) of the 1967 Act (rights in case of trusts), for the words from the beginning to "right of the tenancy" substitute ." A tenant of a house shall for purposes of this Part of this Act be treated as having been a tenant of it at any earlier time "

In section 7(3) and (4) of the 1967 Act (rights of members of family succeeding to tenancy on death), for "with him" substitute ." in the house "

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.