Part I Preliminary

Protected occupancies

3 Protected occupiers by succession.

(1)

Subsection (2) or, as the case may be, subsection (3) below shall have effect for determining what person (if any) is a protected occupier of a dwelling-house after the death of a person (“the original occupier”) who, immediately before his death, was a protected occupier of the dwelling-house in his own right.

(2)

F1Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.

This subsection is framed by reference to the case where the original occupier was a man, but is to be read as applying equally in the converse case where the original occupier was a woman.

(3)

Where—

(a)

the original occupier was not a person who died leaving a F2surviving partner who was residing F3in the dwelling-house immediately before F4the original occupier's death, but

(b)

one or more persons who were members of F4the original occupier's family were residing with F5the original occupier at the time of and for the period of six months immediately before his death,

then, after F4the original occupier's death, if that person or, as the case may be, any of those persons has, in relation to the dwelling-house, a relevant licence or tenancy, that person or, as the case may be, such one of the persons having such a licence or tenancy as may be decided by agreement, or in default of agreement by the county court, shall be a protected occupier of the dwelling-house.

F6(3A)

In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.

(4)

A person who has, in relation to the dwelling-house, a relevant licence or tenancy shall be a protected occupier of the dwelling-house if—

(a)

immediately before the licence or tenancy was granted, he was a protected occupier or statutory tenant of the dwelling-house by succession, or

(b)

the licence or tenancy was granted in consideration of his giving up possession of another dwelling-house of which he was such an occupier or such a tenant.

(5)

In this Act—

“protected occupier by succession” means a person who is a protected occupier by virtue of subsection (2), (3) or (4) above;

“statutory tenant by succession” means a person who is a statutory tenant by virtue of section 4(1) below and who, immediately before he became such a tenant, was a protected occupier by succession, or a person who is a statutory tenant by virtue of section 4(3) or (4) below.

(6)

A dwelling-house, is in this Act, referred to as subject to a protected occupancy where there is a protected occupier of it.