# The Housing (Change of Landlord) Regulations 1989, Regulation 7: Tenants prescribed for the purposes of section 100(1)(b)


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.

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Source: https://www.legislation.gov.uk/uksi/1989/367/regulation/7 (the official version)
Page: https://openlegislation.uk/housing-change-of-landlord-regulations-1989/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

