For the purposes of the right to manage provisions of the Commonhold and Leasehold Reform Act 2002, 1a person is2 the qualifying tenant of a flat3 if he is tenant of the flat under a long lease4; but this does not apply:
(1) where the lease is a business tenancy to which Part II of the Landlord and Tenant Act 19545 applies6;
(a) the lease was granted by sub-demise out of a superior lease other than a long lease7;
(b) the grant was made in breach of the terms of the superior lease
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