§
Lords amendment: No, 18, after claus 28 insert the following new clause—
.—(1) In any case where—
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- (a) the sole tenant under an assured tenancy dies; and
- (b) immediately before the death the tenant's spouse was occupying the house as his or her only or principal home; and
- (c) the tenant was not himself a successor as explained in subsection (2) or (3) below,
§ (2) For the purposes of this section, a tenant was a successor in relation to a tenancy—
- (a) if the tenancy had become vested in him either by virtue of this section or under the will or intestacy of a previous tenant; or
- (b) if he was a statutory assured tenant by virtue of section 3A of the Rent (Scotland) Act 1984; or
- (c) if at some time before the tenant's death the tenancy was a joint tenancy held by him and one or more other persons and, prior to his death, he had become the sole tenant by survivorship; or
- (d) in the case of a tenancy (hereinafter referred to as "the new tenancy") which was granted to him (alone or jointly with others) if—
- (i) at some time before the grant of the new tenancy he was, by virtue of paragraph (a), (b) or (c) above, a successor to an earlier tenancy of the same or substantially the same house as is let under the new tenancy; and
- (ii) at all times since he became such a successor he has been a tenant (alone or jointly with others) of the house which is let under the new tenancy or of a house which is substantially the same as that house.
§ (3) No order for possession under Ground 7 of Schedule 5 to this Act shall be made—
- (a) in relation to a case to which this section relates by virtue of subsection (1) above; or
- (b) where the tenant's spouse succeeds to the tenancy under the will or intestacy of the tenant.
§ (4) For the purposes of this section a person who was living with the tenant at the time of the tenant's death as his or her wife or husband shall be treated as the tenant's spouse."
§ Read a Second time.
§ Amendment (a) proposed to the Lords amendment: in line 5, leave out from 'house' to end of line 7.—[Mr. Home Robertson.]
§ Qustion put, That the amendment to the Lords amendment be made:—
§ The house divided: Ayes 151, Noes202.
362§ Question accordingly negatived.
363§ Lords amendment agreed to.