Succession and regulated tenancies

Those entitled to succeed to a tenancy are the original tenant's spouse, civil partner, or a person living with the original tenant as man or wife or civil partner. [1]

If immediately after the death of the tenant there is a spouse or civil partner and a cohabitee, then the one who has occupancy rights will be entitled to succeed. [2] If neither of them have such occupancy rights then the sheriff will have to decide the successor. [3] The spouse, civil partner or cohabitee becomes a statutory regulated tenant.

Under the Housing (Scotland) Act 1988, there are limited succession rights in respect of regulated tenancies. Succession by family members can only be to a statutory assured tenancy.

Those entitled to succeed to a statutory assured tenancy are members of the tenant's family who lived with the tenant either for the two years immediately before the tenant's death, or from 2 July 1988 up until the date of the tenant's death.

'Tenant' means either the original tenant or the first successor to the tenancy.

If more than one person fulfills the criteria to succeed then they can either decide who gets the tenancy or, failing agreement, the sheriff can make that decision. [4]

From 1st December 2017, where an individual succeeds a regulated tenancy, the tenancy ceases to be a regulated tenancy and will instead become a private residential tenancy. [5] See the section on private residential tenancies for more information.