133.This section modifies paragraphs 2, 3, 4 and 11 of schedule 3 of the 2001 Act.
134.For the purposes of section 22 of the 2016 Act (succession to Scottish secure tenancy), a person falling within any of paragraphs 2 to 4 of the schedule is a qualified person.
135.By virtue of paragraph 2, a qualified person includes a person whose only or principal home at the time of the tenant’s death was the house in question and who was, at that time, living with the tenant as husband and wife or in a relationship which has the characteristics of the relationship between civil partners. In addition, the house must have been the person’s only or principal home throughout the period of 12 months ending with the tenant’s death. Section 49(2)(a) reduces the period of 12 months to a period of 6 months.
136.By virtue of paragraph 3, a qualified person includes a member of the tenant’s family aged at least 16 years where the house in question was the person’s only or principal home throughout the period of 12 months ending with the tenant’s death. Section 49(2)(b) reduces the period of 12 months to a period of 6 months.
137.By virtue of paragraph 4, a qualified person also includes a carer aged over 16 years who is providing, or has provided, care for the tenant, or a member of the tenant’s family, where the house in question was the carer’s only or principal home throughout the period of 12 months ending with the tenant’s death, and the carer had a previous only or principal home which was given up. Section 49(2)(c) reduces the period of 12 months to a period of 6 months.
138.By virtue of paragraph 11, where a qualified person is entitled to a tenancy under schedule 3 of the 2001 Act but the qualified person declines the tenancy by giving notice to the landlord, the qualified person must vacate the house within 3 months of giving the notice. Section 49(2)(d) extends this period so that the qualified person must vacate the house within 6 months.
Crown Application Succession to tenancies: qualifying periods Section 49 - Scottish secure tenancies: succession