Paragraph 2 F1

The original tenant’s spouse F2or civil partner where the dwelling-house was that spouse’s or civil partner's only or principal home at the time of the tenant’s death shall be the statutory tenant so long as the said spouse or civil partner retains possession of the dwelling-house without being entitled to do so under a contractual tenancy.

For the purposes of this paragraph, a person who was living with the original tenant as his or her wife or husband shall be treated as the spouse of the original tenant F3and a person who was living with the original tenant in a relationship which had the characteristics of the relationship between civil partners shall be treated as the civil partner of the original tenant .

If, immediately after the death of the original tenant, there is, by virtue of sub-paragraph (2) above, more than one person who fulfils the conditions in sub-paragraph (1) above, such one of them as then has occupancy rights under section 18 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (rights of cohabiting couples) F4or under section 101 of the Civil Partnership Act 2004 or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall be treated as the surviving spouse , or as the case may be as the surviving civil partner, for the purposes of this paragraph.