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Succession  The Housing (Scotland) Act 2001 provides rights of succession. A tenancy can be inherited in the following ways. Level One a husband or wife or co-habitee, if the house was their only or principal home on their partner’s death; or a joint tenant, if the house was his or her only or principal home on the other tenant’s death
Level Two If no-one qualifies at level one, or a qualified person does not want the tenancy, it may be inherited by a member of the family, as long as: he or she is at least 16 years or age, at the date of death; and the house was his or her only or principal home, at the date of death.
Level Three If no-one qualifies at level one or level two, or a qualified person does not want the tenancy, it may be inherited by a carer, as long as: he or she is at least 16 years of age, at the date of death; the house was his or her only or principal home, at the date of death; and he or she gave up another home before the death of the tenant and he or she is providing, or has provided care for the tenant, or a member of the tenant’s family.
There are specific rules for houses which have been designed or adapted for people with particular housing needs, in order to ensure that such properties are available to people who require them.
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