[F13SWhere 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 with the first successor in the dwelling-house—
(i)continuously for the period commencing six months before the date of coming into force of section 46 of the Housing (Scotland) Act 1988 and ending on the tenant’s death (where the person was so residing on the said date); or
(ii)at the time of and for the period of two years immediately before the tenant’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 [F2First-tier Tribunal], shall be entitled to a statutory assured tenancy of the dwelling-house by succession.]
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. 1B para. 3 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 30; S.S.I. 2017/330, art. 3, sch.