PART 2 TENANTS OF SOCIAL LANDLORDS

CHAPTER 1 SCOTTISH SECURE TENANCIES

Succession

I122 Succession to Scottish secure tenancy

1

On the death of a tenant under a Scottish secure tenancy, the tenancy passes by operation of law to a qualified person.

2

On the death of a qualified person who succeeded to a tenancy under subsection (1), the tenancy passes by operation of law to another qualified person.

3

If, for the purpose of subsection (1) or (2), there is no qualified person, or every qualified person declines the tenancy, the tenancy is terminated.

4

On the death of a qualified person who succeeded to a tenancy under subsection (2), the tenancy is terminated.

5

Schedule 3, which makes provision as to who are qualified persons for the purposes of this section and as to the operation of subsections (1) and (2), has effect.

6

Where, in a case to which paragraph 5 of schedule 3 applies—

a

a tenancy is terminated by operation of subsection (3), and

b

there is a person who would have been a qualified person but for that paragraph,

the landlord must make other suitable accommodation available to that person.

7

Part 2 of schedule 2 has effect to determine whether accommodation is suitable for the purposes of subsection (6).

8

Subsection (4) does not operate so as to terminate the Scottish secure tenancy of any tenant under a joint tenancy where such a joint tenant continues to use the house as that person’s only or principal home.

9

Where a tenancy is terminated by operation of subsection (4) and there is a qualified person (other than a joint tenant to whom subsection (8) applies), that person is entitled to continue as tenant for a period not exceeding 6 months, but the tenancy ceases to be a Scottish secure tenancy.

10

Where a tenant gives up a Scottish secure tenancy in order to occupy another house which is subject to a Scottish secure tenancy, following termination of the first tenancy by an order under section 16(2)(b), those tenancies are, for the purposes of this section, to be treated as being a single tenancy.