Housing (Scotland) Act 2001

Declining a tenancy

11 (1) A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 may decline the tenancy by giving the landlord notice in writing 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.

(2) Notice under sub-paragraph (1) has effect as if given at the time of the tenant’s death.

(3) A qualified person who declines a tenancy—

(a) must vacate the house within 3 months of the date of the notice under sub-paragraph (1) declining the tenancy,

(b) is liable to pay rent which becomes due after the tenant’s death only in respect of any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) during any part of which the qualified person has occupied the house after the tenant’s death.