What is the Qualifying Criteria?

  • At least two-thirds of the flats must be let to ‘qualifying tenants’ (a tenant who was originally granted a lease term of more than 21 years).
  • It can be part-commercial but the non-residential part must not exceed 25% of the total floor area, excluding common parts.
  • The building must be self-contained or structurally detached.
  • RTM does not apply where the immediate landlord of any qualifying tenant is a local housing authority.
  • RTM does not apply where the premises fall within the Resident Landlord Exemption. To fulfil this exemption would require the following:
    1. The premises must be other than a purpose-built block (for example a converted house); AND
    2. They must comprise not more than four flats; AND
    3. One of the flats must be occupied by the freeholder or an adult member of their family as their only or principal home for the last twelve months.