Housing (Scotland) Act 2025

Housing (Scotland) Act 2025

2025 asp 13

Crown Application

Part 4 – Other Matters Relating to Tenants

Succession to tenancies: qualifying periods

Section 48 - Private residential tenancies: succession

129. This section modifies sections 67, 68 and 69 of the 2016 Act.

130. Section 67 of the 2016 Act provides that, when the sole tenant under a private residential tenancy dies, the tenant's bereaved partner becomes the tenant under the tenancy if certain conditions are met. In a case where the tenant and bereaved partner were neither married to, nor in a civil partnership with, one another immediately before the tenant's death, there is a condition that, for a continuous period of at least 12 months ending with the tenant's death, the let property was occupied as the bereaved partner's only or principal home. Section 48(2) of the 2025 Act reduces this period to a period of at least 6 months.

131. Section 68 of the 2016 Act provides that, when the sole tenant under a private residential tenancy dies and specified circumstances apply, any member of the tenant's family who meets certain conditions becomes the tenant. One condition is that the family member is occupying the let property as the family member's only or principal home at the time of the tenant's death, and has done so for a continuous period of at least 12 months ending with the tenant's death. Section 48(3) of the 2025 Act reduces this period to a period at least 6 months.

132. Section 69 of the 2016 Act provides that, when the sole tenant under a private residential tenancy dies and specified circumstances apply, a resident carer who meets certain conditions becomes the tenant. One condition is that the resident carer is occupying the let property as the resident carer's only or principal home at the time of the tenant's death, and has done so for a continuous period of at least 12 months ending with the tenant's death. Section 48(4) of the 2025 Act reduces this period to a period at least 6 months.