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Buildings Safety Act and non-qualifying leases

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  • Buildings Safety Act and non-qualifying leases

    We are in the process of buying our flat from our landlord, but the conveyancing process has revealed that the landlord is not a qualifying leaseholder as defined under the Buildings Safety Act. This is because they did not use the property as their primary home and own more than three other properties.

    It seems that the non-qualifying leaseholder status gets passed-on to the new leaseholder regardless of whether the new leaseholder's status in regards to a primary home or the number of owned properties.

    It seems odd to persist the non-qualifying status regardless, though the logic seems to be that this is necessary so that the system is not gamed. That said, it would also mean that if we proceed with the purchase we may run into issues when we want to sell in future.

    On the plus side, the building has been remediated and has an EWS1 form... but any future Buildings Safety Act issue would not qualify for leaseholder protections?

    Is this a non-issue if the building is already remediated? Or is this going to be a major turnoff for future buyers?
    Last edited by songololo; 15th May 2023, 22:11:PM.
    Tags: None

  • #2
    s119 (2) Building Safety Act 2022 is clear: qualifying status is determined as at 14 February 2022. https://www.legislation.gov.uk/ukpga...30/section/119


    NB I am not an expert on this. I have just spent some time finding this Act and the definition of qualifying lease.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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