A notice of a person's desire1 to have the freehold of a house2 and premises3 is of no effect if at the relevant time the whole or any part of the house and premises is qualifying property and either:
(1) the tenancy4 was created on or after 1 November 19935; or
(2) where the tenancy was created before that date, the tenant6 would not be entitled to have the freehold if either or both of the statutory provisions relating to the enfranchisement of houses whose value or rent exceeds the applicable limit and tenancies terminable after a death, a
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