SCHEDULE 3SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS
12Qualified persons: co-operative housing associations
1
This paragraph applies where the landlord is a registered social landlord which is a co-operative housing association.
2
A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 must, 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, apply for membership of the co-operative housing association.
3
Where a qualified person—
a
fails to comply with sub-paragraph (2), or
b
complies with that sub-paragraph but the co-operative housing association refuses the application for membership,
the person is to be treated as having declined the tenancy at the time of the tenant’s death.