A tenancy that comes into existence when the contractual element of a protected tenancy is terminated and the former protected tenant continues to live in the property (a company cannot be a statutory tenant). A statutory tenancy continues only for as long as the tenant lives in the property (therefore it will end if the tenant attempts to sublet). When the tenant dies, however, the statutory tenancy can be transmitted to his spouse if she was living in the dwelling immediately before the tenant's death. If there is no spouse, the tenancy can be transferred to another member of the tenant's family who was living with him for the previous two years. This is known as a statutory tenancy by succession. The terms of a statutory tenancy are, in general, the same as those of the original contractual tenancy. If there is no provision for notice in the original tenancy, the tenant must give three months notice to terminate his tenancy. A landlord can terminate a statutory tenancy only by obtaining a court order for possession. Statutory tenancies are being phased out as no new protected tenancies can be created after the Housing Act 1988. See assured tenancy.