I1SCHEDULE 3 SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS

Annotations:
Commencement Information
I1

Sch. 3 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

12Qualified persons: co-operative housing associations

1

This paragraph applies where the landlord is a registered social landlord which is a co-operative housing association.

2

A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 must, within 4 weeks of the tenant’s death or, where the qualified person was given notice under paragraph 10, within 4 weeks of the date on which that notice was given, apply for membership of the co-operative housing association.

3

Where a qualified person—

a

fails to comply with sub-paragraph (2), or

b

complies with that sub-paragraph but the co-operative housing association refuses the application for membership,

the person is to be treated as having declined the tenancy at the time of the tenant’s death.