Statutory succession

In general, the right to succeed to a tenancy is covered by the Succession (Scotland) Act 1964. However, the right to succeed to most residential tenancies is regulated by housing legislation.

These pieces of legislation contain provisions which determine who is entitled to succeed to the tenancy. In addition to checking the legislation, the lease agreement should be checked as it may extend tenants' rights.

In the case of a joint tenancy if one of the tenants dies then regardless of what type it is, the tenancy continues for the remaining tenant(s) under the right of survivorship.