SCHEDULES

SCHEDULE 1E+W Statutory Tenancies

Part IE+W Statutory Tenants by Succession

[F16(1) Where a person who—E+W

(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 entitled[F2—

(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.]