PART 2 TENANTS OF SOCIAL LANDLORDS
CHAPTER 1 SCOTTISH SECURE TENANCIES
Succession
I122 Succession to Scottish secure tenancy
1
On the death of a tenant under a Scottish secure tenancy, the tenancy passes by operation of law to a qualified person.
2
On the death of a qualified person who succeeded to a tenancy under subsection (1), the tenancy passes by operation of law to another qualified person.
3
If, for the purpose of subsection (1) or (2), there is no qualified person, or every qualified person declines the tenancy, the tenancy is terminated.
4
On the death of a qualified person who succeeded to a tenancy under subsection (2), the tenancy is terminated.
5
Schedule 3, which makes provision as to who are qualified persons for the purposes of this section and as to the operation of subsections (1) and (2), has effect.
6
Where, in a case to which paragraph 5 of schedule 3 applies—
a
a tenancy is terminated by operation of subsection (3), and
b
there is a person who would have been a qualified person but for that paragraph,
the landlord must make other suitable accommodation available to that person.
7
Part 2 of schedule 2 has effect to determine whether accommodation is suitable for the purposes of subsection (6).
8
Subsection (4) does not operate so as to terminate the Scottish secure tenancy of any tenant under a joint tenancy where such a joint tenant continues to use the house as that person’s only or principal home.
9
Where a tenancy is terminated by operation of subsection (4) and there is a qualified person (other than a joint tenant to whom subsection (8) applies), that person is entitled to continue as tenant for a period not exceeding 6 months, but the tenancy ceases to be a Scottish secure tenancy.
10
Where a tenant gives up a Scottish secure tenancy in order to occupy another house which is subject to a Scottish secure tenancy, following termination of the first tenancy by an order under section 16(2)(b), those tenancies are, for the purposes of this section, to be treated as being a single tenancy.