Version Superseded: 02/12/2019
Point in time view as at 13/03/2014.
Rent Act 1977, Paragraph 2 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.
[F12E+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 [F5shall for the purposes of this paragraph be [F6treated as the tenant’s spouse, or if that person is the same sex as the tenant, and falls within paragraph 2(2)(b) of this Schedule, as the tenant’s civil partner.]]]
Textual Amendments
F1Sch. 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
F2Words 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
F3Sch. 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
F4Sub-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))
F5Words 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
F6Words in Sch. 1 para. 2(3) substituted (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 16
Modifications etc. (not altering text)
C1Sch. 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)
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