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Paragraph 12 Qualified persons: co-operative housing associations

(1)

This paragraph applies where the landlord is a registered social landlord which is a co-operative housing association.

(2)

A qualified person who is entitled to the benefit of paragraph 6, 7 or 8 must, 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, apply for membership of the co-operative housing association.

(3)

Where a qualified person—

(a)

fails to comply with sub-paragraph (2), or

(b)

complies with that sub-paragraph but the co-operative housing association refuses the application for membership,

the person is to be treated as having declined the tenancy at the time of the tenant’s death.

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)