SCHEDULES
SCHEDULE 1 Statutory Tenancies
C2Part I Statutory Tenants by Succession
C1F16
1
Where a person who—
a
was a member of the original tenant’s family immediately before that tenant’s death, and
b
was a member of the first successor’s family immediately before the first successor’s death,
was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s death, that person or, if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be entitledF2—
i
in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by succession F3, or
ii
in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession.
2
If the first successor died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the first successor at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the first successor for the period of 2 years immediately before his death.
Sch. 1 Pt. I: by Housing Act 1988 (c. 50, SIF 75:1), s. 39(3) it is provided that where s. 39(2) of the 1988 Act does not apply but the person who is the first successor, within the meaning of Part I of Sch. 1 of this Act, dies after the commencement of that 1988 Act, Part I shall have effect subject to the amendments in paras. 5 to 9 of Part I of Sch. 4 of that 1988 Act