Paragraph 2

Scotland

(1)

A person whose only or principal home at the time of the tenant’s death was the house and—

(a)

who was at that time—

(i)

the tenant’s spouse F1or civil partner, or

(ii)

living with the tenant as husband and wife or in a relationship which has the characteristics of the relationship between F2civil partners, or

(b)

who is, where the tenancy was held jointly by two or more individuals, a surviving tenant.

(2)

In the case of a person referred to in sub-paragraph (1)(a)(ii), the house must have been the person’s only or principal home throughout the period of ~~F3F412~~ 6 months ending with the tenant’s death.

Annotations

Textual amendments

F1: Words in sch. 3 para. 2(1)(a)(i) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 66(a); S.S.I. 2005/604, arts. 2(c), 4
F2: Words in sch. 3 para. 2(1)(a)(ii) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 66(b); S.S.I. 2005/604, arts. 2(c), 4
F3: Word in sch. 3 para. 2(2) substituted (1.8.2026 for specified purposes) by Housing (Scotland) Act 2025 (asp 13), ss. 49(2)(a), 86(2); S.S.I. 2026/115, reg. 2(2)(5), sch. Pt. 2
F4: Word in sch. 3 para. 2(2) inserted (1.11.2019) by Housing (Scotland) Act 2014 (asp 14), ss. 13(a), 104(3); S.S.I. 2018/153, art. 2, sch. (with arts. 8, 9)

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)