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Regulation 7 Tenants prescribed for the purposes of section 100(1)(b)

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

The following descriptions of tenants of flats are prescribed for the purposes of section 100(1)(b) –

(a)

a tenant whose tenancy is as described in any of paragraphs 2 to 7, 10 or 11 of Schedule 1 to the 1985 Act (tenancies which are not secure tenancies) who was in occupation on the relevant date, unless that tenancy is a business tenancy or a long tenancy;

b

a tenant of a flat which, on the relevant date, was occupied by a secure tenant in the circumstances set out in any of paragraphs 5, 7, or 9 to 11 of Schedule 5 to the 1985 Act (exceptions to the right to buy);

(c)

a secure tenant who –

(i)

on the relevant date was obliged to give up possession of the flat in pursuance of an order of the court or was to have been so obliged at a date specified in the order, and

(ii)

does not satisfy regulation 8(b) below;

(d)

a statutory successor to a qualifying tenant where the qualifying tenant had been consulted in accordance with section 102 and indicated his wish to continue to occupy the dwelling-house as tenant of the landlord;

(e)

a statutory successor to a qualifying tenant, where that qualifying tenant occupied on the relevant date but did not give notice in the prescribed manner whether or not he wished to remain a tenant of the landlord, and where that successor within the 21 day period ending at the end of the consultation period has provided the applicant with a certificate from his landlord to the effect that he is such a successor;

(f)

a qualifying tenant who has, within the 21 day period ending at the end of the consultation period, provided the applicant with a certificate from the landlord to the effect that his tenancy was, after the relevant date, assigned to him by way of exchange, by a qualifying tenant whose tenancy commenced before the relevant date.