Q&As

With shared ownership lease, for the purpose of section 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), does the tenant have to own the full 100% interest (ie after staircasing) for two years from staircasing in order to be a qualifying tenant under LRHUDA 1993, s 5(1), or can the period before staircasing where the tenant owned less than the full 100% interest be taken into account?

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Published on LexisPSL on 10/06/2020

The following Property Q&A provides comprehensive and up to date legal information covering:

  • With shared ownership lease, for the purpose of section 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), does the tenant have to own the full 100% interest (ie after staircasing) for two years from staircasing in order to be a qualifying tenant under LRHUDA 1993, s 5(1), or can the period before staircasing where the tenant owned less than the full 100% interest be taken into account?

With shared ownership lease, for the purpose of section 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), does the tenant have to own the full 100% interest (ie after staircasing) for two years from staircasing in order to be a qualifying tenant under LRHUDA 1993, s 5(1), or can the period before staircasing where the tenant owned less than the full 100% interest be taken into account?

Section 39 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) gives a ‘qualifying tenant’ the right to extend their residential lease by a term of 90 years at a peppercorn rent. The tenant must ‘for the last two years [have] been a qualifying tenant of the flat’ (LRHUDA 1993, s

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