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SCHEDULE 3S SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS

Commencement Information

I1Sch. 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)

Qualified persons: co-operative housing associationsS

12(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.