HL Deb 20 July 1988 vol 499 cc1353-6

STATUTORY OR STATUTORY ASSURED TENANTS BY SUCCESSION IN A CASE TO WHICH SECTION 3A(l) APPLIES

1. The provisions of paragraph 2 of this Schedule shall have effect for the purpose of determining who is the statutory tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as "the original tenant") who, immediately before his death, was a protected tenant of the dwelling-house or the statutory tenant of it by virtue of his previous protected tenancy.

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

(2) 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.

(3) 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) or, if neither or none of them has such rights, such one of them as may be decided by the sheriff, shall he treated as the surviving spouse for the purposes of this paragraph.

3 Where paragraph 2 above does not apply but a person who was a member of the original tenant's family was residing with him in the dwelling-house—

  1. (a) continuously for the period commencing six months before the date of coming into force of section 43 of the Housing (Scotland) Act 1988 and ending on the tenant's death (where the person was so residing on the said date); or
  2. (b) at the time of and for the period of two years immediately before the tenant's death,
then, after the tenant's death, that person or if there is more than one such person such one of them as may be decided by agreement, or in default of agreement by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession.

4. A person who becomes the statutory tenant of a dwelling-house by virtue of paragraph 2 above is in this Schedule referred to as "the first successor".

5. If immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 6 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor.

6. Where a person who—

  1. (a) was a member of the original tenant's family immediately before that tenant's death; and
  2. (b) was a member of the first successor's family immediately before the first successor's death,
was residing with the first successor in the dwelling-house at the time of, and for the period of two years immediately before, the first successor's death, that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession.

7.—(1) Where after a successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, "the original tenant" and "the first successor" in this Schedule shall, in relation to that other tenancy, mean the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly—

  1. (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 6 above shall apply on his death;
  2. (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (I) above applies even if—

  1. (a) a successor enters into more than one other tenancy of the dwelling-house; and
  2. (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) In this paragraph "succession" means the occasion on which a person becomes the statutory or statutory assured tenant of a dwelling-house by virtue of this Schedule and "successor" shall be construed accordingly.

8. Paragraphs 5 and 6 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.

SCHEDULE 1B

STATUTORY ASSURED TENANTS BY SUCCESSION IN A CASE TO WHICH SECTION 3A(2) APPLIES

1. The provisions of this Schedule shall have effect for the purpose of determining who is the statutory assured tenant of a dwelling-house by succession after the death of the person (in this Schedule referred to as "the first successor") who, immediately before his death, was the statutory tenant of the dwelling-house by virtue of paragraph 2 or paragraph 3 of Schedule I above.

2. If, immediately before his death, the first successor was still a statutory tenant, the provisions of paragraph 3 below shall have effect for the purpose of determining who is entitled to a statutory assured tenancy of the dwelling-house by succession after the death of the first successor.

3. Where a person who—

  1. (a) was a member of the original tenant's family immediately before that tenant's death; and
  2. (b) was a member of the first successor's family immediately before the first successor's death.

was residing with the first successor in the dwelling-house—

  1. (i) continuously for the period commencing six months before the date of coming into force of section 43 of the Housing (Scotland) Act 1988 and ending on the tenant's death (where the person was so residing on the said date); or
  2. (ii) at the time of and for the period of two years immediately before the tenant's death,

that person, or if there is more than one such person, such one of them as may be decided by agreement or, in default of agreement, by the sheriff, shall be entitled to a statutory assured tenancy of the dwelling-house by succession.

4.—(1) Where after a succession the successor becomes the tenant of the dwelling-house by the grant to him of another tenancy, "the original tenant" and "the first successor" in this Schedule shall, in relation to that other tenancy, means the persons who were respectively the original tenant and the first successor at the time of the succession, and accordingly

  1. (a) if the successor was the first successor, and immediately before his death he was still the tenant (whether protected or statutory), paragraph 3 above shall apply on his death;
  2. (b) if the successor was not the first successor, no person shall become a statutory tenant on his death by virtue of this Schedule.

(2) Sub-paragraph (1) above applies even if—

  1. (a) a successor enters into more than one other tenancy of the dwelling-house; and
  2. (b) both the first successor, and the successor on his death, enter into other tenancies of the dwelling-house.

(3) In this paragraph "succession" means the occasion on which a person becomes the statutory assured tenant of a dwelling-house by virtue of this Schedule and "successor" shall be construed accordingly.

5. Paragraphs 2 and 3 above do not apply where the statutory tenancy of the original tenant arose by virtue of section 20 of the Rent Act 1965.".").

The noble Lord said: My Lords, we debated this amendment with Amendment No. 41. I beg to move.

On Question, amendment agreed to.

Schedule 8 [Miscellaneous Amendments to the Housing (Scotland) Act 1987 (c. 26)]:

The Earl of Dundee moved Amendment No. 94: Page 65, line 17, at end insert—

(". In section 61 (secure tenant's right to purchase) after subsection (2) there shall be inserted the following subsection—

"(2A) For the purposes of subsection (2)(c), where the house was provided by a housing association which, at any time while the house was so provided, was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house."

In section 62 (price of house being purchased by secure tenant) in subsection (4)—

  1. (a) after "(3)" there shall be inserted" (a) "; and (b) at the end there shall be added "; and
  2. (b) where the house was provided by a housing association which, at any time while the house was so provided was not a registered housing association, the association shall, if it became a registered housing association at any later time, be deemed to have been a registered housing association at all times since it first provided the house." ").

The noble Earl said: My Lords, this amendment introduces two changes to the Housing (Scotland) Act 1987 in order to clear up doubts which appear to exist regarding the qualification of time spent in certain housing association tenancies for the calculation of the right-to-buy and discount.

By these changes we shall eliminate any doubt that if a purchaser under right-to-buy occupied a house which at one time was let by an unregistered housing association, and that association subsequently became registered, then the period of tenancy before the association's registration shall count towards the tenant's entitlement to purchase and, hence, discount.

As I have indicated, this provision is for the avoidance of doubt. There is no change of policy. On that basis I beg to move.

On Question, amendment agreed to.

Schedule 9 [Minor and consequential amendments]:

Lord Sanderson of Bowden moved Amendments Nos. 95 to 102: Page 67, line 42, at end insert— (". In Schedule 1 (statutory tenants by succession) in paragraph 2 for the word "his" there shall by substituted the words "that spouse's".").

Page 68, line 5, at end insert— (". In section 15A(1)(a)(i) (permitted payments by community based housing association in Scotland) the words from "being" to "Act" shall cease to have effect.").

Page 69, line 16, at end insert— (". In section 207 (local authority's duty to keep slum clearance revenue account) for paragraph (b) of subsection (2) there shall be substituted the following paragraph—

"(b) such of the expenditure of the authority in respect of houses and other property, being expenditure not included in paragraph (a), together with any income related to that expenditure as may be approved by the Secretary of State and falls within any of the following categories—

  1. (i) any payment under section 308 (payments to certain owner-occupiers and others in respect of houses not meeting tolerable standard which are purchased or demolished) other than any such payment in respect of an interest in a 1356 house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;
  2. (ii) any payment under section 304 (payments in respect of well-maintained houses) other than any such payment in respect of an interest in a house which has been purchased by the local authority for the purpose of bringing that house or another house up to the tolerable standard;
  3. (iii) any payment under section 234(5) or (6) (payment of removal and other allowances to person displaced);
  4. (iv) such other expenditure as the Secretary of State may direct.").

Schedule 10,

Page 70, leave out from beginning of line 58 to end of line 7 on page 71.

Page 71, line 7, at end insert—

("1985 c. 69. The Housing Associations Act 1985. In section 15A(1)(a)(i)the words from "being" to "Act"").

Page 71, line 47, column 3, at end insert—

("In Schedule 16, paragraph 1(b).").

Page 71, line 47, at end insert—

("1988 c. 9. Local Government Act 1988. In section 1(1), paragraph (1) and the word "and" immediately preceding it.
In Schedule 2, the words "The Scottish Special Housing Association".").

In the Title, Line 7, after ("tenants") insert ("to provide for the making of local authority grants to assist local authority tenants to obtain accommodation otherwise than as such tenants;").

The noble Lord said: My Lords, I have already spoken to Amendments Nos. 95 to 102 and I beg to move them en bloc.

On Question, amendments agreed to.