Paragraph 11 Declining a tenancy
A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 may decline the tenancy by giving the landlord notice in writing within 4 weeks of the tenant’s death or, where the qualified person was given notice under paragraph 10, within 4 weeks of the date on which that notice was given.
Notice under sub-paragraph (1) has effect as if given at the time of the tenant’s death.
A qualified person who declines a tenancy—
must vacate the house within F13 6 months of the date of the notice under sub-paragraph (1) declining the tenancy,
is liable to pay rent which becomes due after the tenant’s death only in respect of any rental period (that is to say, a period in respect of which an instalment of rent falls to be paid) during any part of which the qualified person has occupied the house after the tenant’s death.
Annotations
Textual amendments
- F1
Word in sch. 3 para. 11(3)(a) substituted (1.8.2026 for specified purposes) by Housing (Scotland) Act 2025 (asp 13), ss. 49(2)(d), 86(2); S.S.I. 2026/115, reg. 2(2)(5), sch. Pt. 2
Notes on the whole Act
Textual amendments
- F1
Act modified (temp.) (28.10.2022) by Cost of Living (Tenant Protection) (Scotland) Act 2022 (asp 10), s. 13(1), sch. 1 para. 3 (with ss. 1(2), 6, 7, 8) (which affecting provision is continued until 31.3.2024 by The Cost of Living (Tenant Protection) (Scotland) Act 2022 (Amendment of Expiry Dates and Rent Cap Modification) Regulations 2023 (S.S.I. 2023/82), regs. 1(3), 2(2)) (as amended (27.9.2023) by S.S.I. 2023/275, reg. 2(2))
Notes on Schedule 3
Commencement
- I1
Sch. 3 wholly in force at 30.9.2002, see s. 113(1)(2) and S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-5)