Housing Act 1988

3 (1) The agricultural worker condition is also fulfilled with respect to a dwelling-house subject to a relevant tenancy or licence if—

(a) that condition was previously fulfilled with respect to the dwelling-house but the person who was then the occupier or, as the case may be, a person who was one of the joint occupiers (whether or not under the same relevant tenancy or licence) has died; and

(b) that condition ceased to be fulfilled on the death of the occupier referred to in paragraph (a) above (hereinafter referred to as “the previous qualifying occupier”); and

(c) the occupier is either—

(i) the qualifying widow or widower of the previous qualifying occupier; or

(ii) the qualifying member of the previous qualifying occupier’s family.

(2) For the purposes of sub-paragraph (1)(c)(i) above and sub-paragraph (3) below a widow or widower of the previous qualifying occupier of the dwelling-house is a qualifying widow or widower if she or he was residing in the dwelling-house immediately before the previous qualifying occupier’s death.

(3) Subject to sub-paragraph (4) below, for the purposes of sub-paragraph (1)(c)(ii) above, a member of the family of the previous qualifying occupier of the dwelling-house is the qualifying member of the family if—

(a) on the death of the previous qualifying occupier there was no qualifying widow or widower; and

(b) the member of the family was residing in the dwelling-house with the previous qualifying occupier at the time of, and for the period of two years before, his death.

(4) Not more than one member of the previous qualifying occupier’s family may be taken into account in determining whether the agricultural worker condition is fulfilled by virtue of this paragraph and, accordingly, if there is more than one member of the family—

(a) who is the occupier in relation to the relevant tenancy or licence, and

(b) who, apart from this sub-paragraph, would be the qualifying member of the family by virtue of sub-paragraph (3) above,

only that one of those members of the family who may be decided by agreement or, in default of agreement by the county court, shall be the qualifying member.

(5) For the purposes of the preceding provisions of this paragraph a person who, immediately before the previous qualifying occupier’s death, was living with the previous occupier as his or her wife or husband shall be treated as the widow or widower of the previous occupier.

(6) If, immediately before the death of the previous qualifying occupier, there is, by virtue of sub-paragraph (5) above, more than one person who falls within sub-paragraph (1)(c)(i) above, such one of them as may be decided by agreement or, in default of agreement, by the county court shall be treated as the qualifying widow or widower for the purposes of this paragraph.