Part I New Schedules 1A and 1B to Rent (Scotland) Act 1984
Housing (Scotland) Act 1988 (1988 c 43) | Legislation

SCHEDULE 6 Statutory or Statutory Assured Tenants by Succession

Section 46

Part I New Schedules 1A and 1B to Rent (Scotland) Act 1984

1

After Schedule 1 to the Rent (Scotland) Act 1984 there shall be inserted the following Schedules—

“SCHEDULE 1A
Statutory or Statutory Assured Tenants by Succession in a Case to Which Section 3A(1) Applies
1

The provisions of paragraph 2 of this Schedule shall have effect for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the original tenantâ€) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.

2

(1)     The original tenant's spouse where the dwelling-house was that spouse's only or principal home at the time of the tenant's death shall be the statutory tenant so long as the said spouse retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.

(2)     For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband

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