Civil Partnership Act 2004

10 (1) Amend section 4 (statutory tenants and tenancies) as follows. E+W

(2) For subsection (3) (surviving spouse’s statutory tenancy) substitute—

“(3) If 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, unless the surviving partner is a protected occupier of the dwelling-house by virtue of section 3(2) above, the surviving partner shall be the statutory tenant if and so long as he occupies the dwelling-house as his residence.”

(3) In subsection (4) (statutory tenancy for other family members)—

(a) for “surviving spouse” substitute “ surviving partner ”,

(b) for “his” (in each place) substitute “ the original occupier's ”, and

(c) for “him” substitute “ the original occupier ”.

(4) For subsection (5A) (references to original occupier’s spouse include person living with occupier as his or her wife or husband) substitute—

“((5ZA)) In subsections (3) and (4) above “surviving partner” means surviving spouse or surviving civil partner.

(5A) For the purposes of subsection (3) above—

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

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

and, subject to subsection (5B) below, “surviving spouse” and “surviving civil partner” in subsection (5ZA) above shall be construed accordingly.”