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Rent (Scotland) Act 1984
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- UK Public General Acts
- 1984 c. 58
- Schedule 1A
- Paragraph 2
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[F12(1)The original tenant’s spouse [F2or civil partner] where the dwelling-house was that spouse’s [F2or civil partner's] only or principal home at the time of the tenant’s death shall be the statutory tenant so long as the said spouse [F2or civil partner] retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.S
(2)For the purposes of this paragraph, 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 [F3and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between 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 then has occupancy rights under section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (rights of cohabiting couples) [F4or under section 101 of the Civil Partnership Act 2004] or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall be treated as the surviving spouse [F4, or as the case may be as the surviving civil partner,] for the purposes of this paragraph.]
Textual Amendments
F1Schs. 1A, 1B inserted by Housing (Scotland) Act 1988 (c. 43, SIF 61), ss. 46(3), 52, Sch. 6 Pt. I para. 1
F2Words in Sch. 1A para. 2(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 49(a); S.S.I. 2005/604, arts. 2(c), 4
F3Words in Sch. 1A para. 2(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 49(b); S.S.I. 2005/604, arts. 2(c), 4
F4Words in Sch. 1A para. 2(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 49(c); S.S.I. 2005/604, arts. 2(c), 4
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