OpenLegislation

Paragraph 9

(1)

Amend section 3 (protected occupiers by succession) as follows.

(2)

For subsection (2) (succession by surviving spouse) substitute—

“(2)

Where the original occupier was a person who died leaving a surviving partner who was residing in the dwelling-house immediately before the original occupier’s death then, after the original occupier’s death, if the surviving partner has, in relation to the dwelling-house, a relevant licence or tenancy, the surviving partner shall be a protected occupier of the dwelling-house.”

(3)

In subsection (3) (succession by other family members)—

(a)

for “surviving spouse” substitute “ surviving partner ”,

(b)

for “his” (in each place) substitute “ the original occupier's ”, and

(c)

for “him” substitute “ the original occupier ”.

(4)

After subsection (3) insert—

“(3A)

In subsections (2) and (3) above “surviving partner” means surviving spouse or surviving civil partner.”