SCHEDULES

SCHEDULE 1 E+W Statutory Tenancies

Part I E+W Statutory Tenants by Succession

Modifications etc. (not altering text)

C1 Sch. 1 Pt. I: by Housing Act 1988 (c. 50, SIF 75:1), s. 39(3) it is provided that where s. 39(2) of the 1988 Act does not apply but the person who is the first successor, within the meaning of Part I of Sch. 1 of this Act, dies after the commencement of that 1988 Act, Part I shall have effect subject to the amendments in paras. 5 to 9 of Part I of Sch. 4 of that 1988 Act

[F1 2 E+WThe surviving spouse[F2 , 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.]

[F3 [F4 (2) For the purposes of this paragraph—

(a) a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant, and

(b) a person who was living with the original tenant as if they were civil partners shall be treated as the civil partner of the original tenant.]

(3) If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as may be decided by agreement or, in default of agreement, by the county court [F5 shall for the purposes of this paragraph be treated (according to whether that one of them is of the opposite sex to, or of the same sex as, the original tenant) as the surviving spouse or the surviving civil partner.]]

Textual Amendments

F1 Sch. 1 para. 2 substituted by Housing Act 1980 (c. 51, SIF 61), s. 76(1)(4) in relation to deaths occurring after 28.11.1980

F2 Words in Sch. 1 para. 2(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 13(2); S.I. 2005/3175, art. 2(1), Sch. 1

F3 Sch. 1 para. 2(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 13(3); S.I. 2005/3175, art. 2(1), Sch. 1

F4 Sub-paragraphs 2(2) and (3) inserted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 2 (in application as mentioned in s. 39(2))

F5 Words in Sch. 1 para. 2(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 8 para. 13(4); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2 Sch. 1 para. 2 modified (1.10.1997) by 1996 c. 27, ss. 53, 63(4), Sch. 7 Pt. II para. 8(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(a)