Rent (Northern Ireland) Order 1978

Article 4.

SCHEDULE 1 N.I. STATUTORY TENANTS BY SUCCESSION

1.  Paragraph 2F1 . . . or, as the case may be, paragraph 4 shall have effect, subject to Article 4(3), for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy. N.I.

F1 1986 NI 13

[F2 2.   The surviving spouse[F3 , or surviving civil partner,] (if any) of the original tenant, if residing in the dwelling-house immediately before the death of the original tenant, shall after the death be the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence.] N.I.

F2 1986 NI 13

F3 2004 c.33

Para. 3 rep. by 1986 NI 13

4.  Where— N.I.

(a) paragraph 2F4 . . . does not apply, but

(b) a person who was a member of the original tenant's family was residing with him at the time of and for the period of six months immediately before his death,

then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

F4 1986 NI 13

5.  A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2,F5 . . . or 4 is in this Schedule referred to as “the first successor”.

F5 1986 NI 13

6.  If, immediately before his death, the first successor was still a statutory tenant, paragraph 7F6 . . . or, as the case may be, paragraph 9 shall have effect, subject to Article 4(3), for the purpose of determining who is the statutory tenant after the death of the first successor.

F6 1986 NI 13

[F7 7.   The surviving spouse[F8 , or surviving civil partner,] (if any) of the first successor, if residing in the dwelling-house immediately before the death of the first successor, shall after the death of the statutory tenant if and so long as he or she occupies the dwelling-house as his or her residence.]

F7 1986 NI 13

F8 2004 c.33

Para. 8 rep. by 1986 NI 13

9.  Where—

(a) paragraph 7F9 . . . does not apply, but

(b) a person who was a member of the first successor's family was residing with him at the time of and for the period of six months immediately before his death,

then, after his death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the county court, shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.

F9 1986 NI 13

10.—(1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Schedule in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

(a) if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), paragraphs 7[F10 and] 9 shall apply on his death,

(b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) applies—

(a) even if a successor enters into more than one other tenancy of the dwelling-house, and

(b) even if both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Schedule and “successor” shall be construed accordingly.

F10 1986 NI 13

11.  In this Schedule references to “the first successor” shall be deemed to include references to a tenant of a dwelling-house to which the Rent Restriction Acts applied immediately before the commencement of this Order whose right to retain possession of that dwelling-house arose on the death of such a person as is mentioned in Article 4(5)( b)(i).