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Commencement Information

I1Sch. 3 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)

Declining a tenancyS

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.