SCHEDULES
SCHEDULE 1 Statutory Tenancies
C6Part I Statutory Tenants by Succession
C11
Paragraph 2 . . . F1 below shall have effect, subject to section 2(3) of this Act, for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Part of this Schedule referred to as “the original tenant”) who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.
C2F22
The surviving spouseF15, 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.
F182
For the purposes of this paragraph, a person who was living with the original tenant as if they were a married couple or civil partners is to be treated as the spouse or 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 F16shall for the purposes of this paragraph be F17treated as the tenant’s spouse F19or civil partner.
C33
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 F3in the dwelling-house at the time of and for the F4period 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 F20—
a
b
in the case of a dwelling-house in Wales, be entitled to a secure contract of the dwelling-house by succession.
F62
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.
4
A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 . . . F7 above is in this Part of this Schedule referred to as “the first successor”.
C45
If, immediately before his death, the first successor was still a statutory tenant, paragraph 6 F8below shall have effect, for the purpose of determining who is F9entitledF22—
a
in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by successionF23, or
b
in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession after the death of the first successor.
C5F106
1
Where a person who—
a
was a member of the original tenant’s family immediately before that tenant’s death, and
b
was a member of the first successor’s family immediately before the first successor’s death,
was residing in the dwelling-house with the first successor at the time of, and for the period of 2 years immediately before, the first successor’s 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 be entitledF24—
i
in the case of a dwelling-house in England, to an assured tenancy of the dwelling-house by succession F25, or
ii
in the case of a dwelling-house in Wales, to a secure contract of the dwelling-house by succession.
2
If the first successor 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 first successor 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 first successor for the period of 2 years immediately before his death.
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
9
10
1
Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, “the original tenant” and “the first successor” in this Part of this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—
a
if the successor was the first successor, and, immediately before his death he was still the tenant (whether protected or statutory), F13paragraph 6 above shall apply on his death,
b
if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Part of this Schedule.
2
Sub-paragraph (1) above applies—
a
even if a successor enters into more than one other tenancy of the dwelling-house, and
b
even if both the first successor and the successor on his death enter into other tenancies of the dwelling-house.
3
In this paragraph “succession” means the occasion on which a person becomes the statutory tenant of a dwelling-house by virtue of this Part of this Schedule and “successor” shall be construed accordingly.
4
This paragraph shall apply as respects a succession which took place before 27th August 1972 if, and only if, the tenancy granted after the succession, or the first of those tenancies, was granted on or after that date, and where it does not apply as respects a succession, no account should be taken of that succession in applying this paragraph as respects any later succession.
11
1
Paragraphs 5 to 8 above do not apply where—
a
the tenancy of the original tenant was granted on or after the operative date within the meaning of the M3Rent (Agriculture) Act 1976, and
b
both that tenancy and the statutory tenancy of the first successor were tenancies to which section 99 of this Act applies.
2
If the tenants under both of the tenancies falling within sub-paragraph (1)(b) above were persons to whom paragraph 7 of Schedule 9 to the M4Rent (Agriculture) Act 1976 applies, the reference in sub-paragraph (1)(a) above to the operative date shall be taken as a reference to the date of operation for forestry workers within the meaning of that Act.
F1411A
In this Part of this Schedule “the operative date” means the date on which Part I of the Housing Act 1988 came into force.
Sch. 1 Pt. I: by Housing Act 1988 (c. 50, SIF 75:1), s. 39(3) it is provided that where s. 39(2) of the 1988 Act does not apply but the person who is the first successor, within the meaning of Part I of Sch. 1 of this Act, dies after the commencement of that 1988 Act, Part I shall have effect subject to the amendments in paras. 5 to 9 of Part I of Sch. 4 of that 1988 Act