1330. Meaning of 'qualifying tenant'.

A person is1 a qualifying tenant of a flat2 if he is tenant3 of the flat under a long lease4, except where:


    (1)     the lease is a business lease5; or


    (2)     the immediate landlord6 under the lease is a charitable housing trust7 and the flat forms part of the housing accommodation provided by it in the pursuit of its charitable purposes8; or


    (3)     the lease was granted by sub-demise out of a superior lease other than a long lease, the grant was made in breach of the terms of the superior lease, and there has been no waiver of