Search Legislation

Housing (Scotland) Act 1988

Status:

This is the original version (as it was originally enacted).

31Right of succession of spouse

(1)In any case where—

(a)the sole tenant under an assured tenancy dies; and

(b)immediately before the death the tenant’s spouse was occupying the house as his or her only or principal home; and

(c)the tenant was not himself a successor as explained in subsection (2) or (3) below,

the tenant’s spouse shall, as from the death and for so long as he or she retains possession of the house without being entitled to do so under a contractual tenancy, be entitled to a statutory assured tenancy of the house.

(2)For the purposes of this section, a tenant was a successor in relation to a tenancy—

(a)if the tenancy had become vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or

(b)if he was a statutory assured tenant by virtue of section 3A of the [1984 c. 58.] Rent (Scotland) Act 1984; or

(c)if at some time before the tenant’s death the tenancy was a joint tenancy held by him and one or more other persons and, prior to his death, he had become the sole tenant by survivorship; or

(d)in the case of a tenancy (hereinafter referred to as “the new tenancy”) which was granted to him (alone or jointly with others) if—

(i)at some time before the grant of the new tenancy he was, by virtue of paragraph (a), (b) or (c) above, a successor to an earlier tenancy of the same or substantially the same house as is let under the new tenancy; and

(ii)at all times since he became such a successor he has been a tenant (alone or jointly with others) of the house which is let under the new tenancy or of a house which is substantially the same as that house.

(3)No order for possession under Ground 7 of Schedule 5 to this Act shall be made—

(a)in relation to a case to which this section relates by virtue of subsection (1) above; or

(b)where the tenant’s spouse succeeds to the tenancy under the will or intestacy of the tenant.

(4)For the purposes of this section a person who was living with the tenant at the time of the tenant’s death as his or her wife or husband shall be treated as the tenant’s spouse.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources