Rent Act 1977, Paragraph 3 is up to date with all changes known to be in force on or before 08 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
3(1)Where paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him [F1in the dwelling-house] at the time of and for the [F2period of 2 years] 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 [F3—E+W
(a)in the case of a dwelling-house in England,] be [F4entitled to an assured tenancy of the dwelling-house by succession][F5, or
(b)in the case of a dwelling-house in Wales, be entitled to a secure contract of the dwelling-house by succession].
[F6(2)If the original tenant died within the period of 18 months beginning on the operative date, then, for the purposes of this paragraph, a person who was residing in the dwelling-house with the original tenant at the time of his death and for the period which began 6 months before the operative date and ended at the time of his death shall be taken to have been residing with the original tenant for the period of 2 years immediately before his death.]
Textual Amendments
F1Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(a)(in application as mentioned in s. 39(2))
F2Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(b)(in application as mentioned in s. 39(2))
F3Sch. 1 para. 3(1)(a) inserted (18.5.2023) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023 (S.I. 2023/550), regs. 1, 2(4)(a)(i)
F4Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(c)(in application as mentioned in s. 39(2))
F5Sch. 1 para. 3(1)(b) and word inserted (18.5.2023) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2023 (S.I. 2023/550), regs. 1, 2(4)(a)(ii)
F6Sch. 1 Pt. I Para. 3(2) added by Housing Act 1988 (c. 50, SIF 61), s. 39(2), Sch. 4 Pt. I para. 3(d)(in application as mentioned in s. 39(2))
Modifications etc. (not altering text)
C1Sch. 1 para. 3 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)
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