{
  "url": "https://openlegislation.uk/housing-scotland-act-2001/schedule-3/paragraph-2",
  "json_url": "https://openlegislation.uk/housing-scotland-act-2001/schedule-3/paragraph-2.json",
  "legislation": "asp/2001/10",
  "legislation_title": "Housing (Scotland) Act 2001",
  "legislation_url": "https://openlegislation.uk/housing-scotland-act-2001",
  "path": "schedule/3/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": null,
  "text": "(1) A person whose only or principal home at the time of the tenant’s death was the house and—\n(a) who was at that time—\n(i) the tenant’s spouse or civil partner, or\n(ii) living with the tenant as husband and wife or in a relationship which has the characteristics of the relationship between civil partners, or\n(b) who is, where the tenancy was held jointly by two or more individuals, a surviving tenant.\n(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 12 6 months ending with the tenant’s death.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2001/10/schedule/3/paragraph/2",
    "retrieved_at": "2026-10-29T20:17:14.316341+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}