SCHEDULES
F1Schedule 1B Statutory Assured Tenants by Succession in a case to which section 3A(2) applies
F21
The provisions of this Schedule shall have effect for the purpose of determining who is the statutory assured tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the first successor”) who, immediately before his death, was the statutory tenant of the dwelling-house by virtue of paragraph 2 or paragraph 3 of Schedule 1 above.
F32
If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 3 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor.
F43
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 with the first successor in the dwelling-house—
i
continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or
ii
at the time of and for the period of two years immediately before the tenant’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 F7First-tier Tribunal, shall be entitled to a statutory assured tenancy of the dwelling-house by succession.
F54
1
Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—
a
if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 3 above shall apply on his death;
b
if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.
2
Sub-paragraph (1) above applies even if—
a
a successor enters into more than one other tenancy of the dwelling-house; and
b
both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.
3
In this paragraph “succession” means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.
F65
Paragraphs 2 and 3 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act M11965.
Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1