3SWhere paragraph 2 above does not apply, but a person who was a member of the original tenant’s family was residing with him at the time of and for the period of six months 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 [F1First-tier Tribunal], shall be the statutory tenant so long as he retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.
Textual Amendments
F1Words in Sch. 1 para. 3 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 28(a); S.S.I. 2017/330, art. 3, sch.