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(1)     Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business, professional and other tenants) is amended as follows.

(2)     In section 23(4) (tenancies to which Part 2 applies) at the beginning insert “Subject to subsection (5),”.

(3)     After section 23(4) insert—

“(5)     Where the tenant's breach of a prohibition (however expressed) of use for business purposes which subsists under the terms of the tenancy and extends to the whole of that property consists solely of carrying on a home business, this Part of this Act does not apply to the tenancy, even if the immediate landlord or the immediate landlord's predecessor in title has consented to the breach or the immediate landlord has acquiesced in the breach.

(6)     In subsection (5) “home business” has the same meaning as in section 43ZA.”

(4)     After section 43 (tenancies excluded from Part 2), insert—

“43ZA Further exclusion of home business tenancies from Part 2

(1)     This Part of this Act