1123. Persons qualified to succeed to demoted tenancy in England.

As from a day to be appointed, the following provisions have effect1.

A person is qualified to succeed the tenant2 under a demoted tenancy3 of a dwelling house4 in England5 if6:

  1.  

    (1)     the person occupies the dwelling house as his or her only or principal home7 at the time of the tenant's death8, and the person is the tenant's spouse or civil partner9; or

  2.  

    (2)     at the time of the tenant's death, the dwelling house is not occupied by a spouse or civil partner of the tenant as his or her only or principal home10, but an express term of