Family Law Act 1996 (c. 27)

SCHEDULES

SCHEDULE 7 E+W Transfer of certain tenancies on divorce etc. or on separation of cohabitants

Part I E+W General

Interpretation E+W

1 E+W In this Schedule—

• [F1 “civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;]

• “cohabitant”, except in paragraph 3, includes (where the context requires) former cohabitant;

• “the court” does not include a magistrates’ court,

• “landlord” includes—

  (a)

  any person from time to time deriving title under the original landlord; and

  (b)

  in relation to any dwelling-house, any person other than the tenant who is, or (but for Part VII of the M1 Rent Act 1977 or Part II of the M2 Rent (Agriculture) Act 1976) would be, entitled to possession of the dwelling-house;

• “Part II order” means an order under Part II of this Schedule;

• “a relevant tenancy” means—

  (a)

  a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977;

  (b)

  a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976;

  (c)

  a secure tenancy within the meaning of section 79 of the M3 Housing Act 1985; F2 . . .

  (d)

  an assured tenancy or assured agricultural occupancy within the meaning of Part I of the M4 Housing Act 1988; [F3 or

  (e)

  an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996;

• “spouse”, except in paragraph 2, includes (where the context requires) former spouse; and

• “tenancy” includes sub-tenancy.]

Textual Amendments

F1 Sch. 7 para. 1: definition of "civil partner" inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(2); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Word in Sch. 7 para. 1(c) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 10(b)(i)

F3 Sch. 7 para. 1(e) and preceding word inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 10(b)(i)

Marginal Citations

M1 1977 c. 42.

M2 1976 c. 80.

M3 1985 c. 68.

M4 1988 c. 50.