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SCHEDULE 3S SUCCESSION TO SCOTTISH SECURE TENANCY: QUALIFIED PERSONS

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)

2(1)A person whose only or principal home at the time of the tenant’s death was the house and—S

(a)who was at that time—

(i)the tenant’s spouse [F1or civil partner], or

(ii)living with the tenant as husband and wife or in a relationship which has the characteristics of the relationship between [F2civil partners], or

(b)who is, where the tenancy was held jointly by two or more individuals, a surviving tenant.

(2)In the case of a person referred to in sub-paragraph (1)(a)(ii), the house must have been the person’s only or principal home throughout the period of [F312] months ending with the tenant’s death.

Textual Amendments

F1Words in sch. 3 para. 2(1)(a)(i) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 66(a); S.S.I. 2005/604, arts. 2(c), 4

F2Words in sch. 3 para. 2(1)(a)(ii) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 66(b); S.S.I. 2005/604, arts. 2(c), 4

F3Word in sch. 3 para. 2(2) inserted (1.11.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 13(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 8, 9)