SCHEDULES

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

Part IE+W General

InterpretationE+W

1E+WIn 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;

  • [F2“the court” means the High Court or the family 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 M1Rent Act 1977 or Part II of the M2Rent (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 M3Housing Act 1985; F3. . .

    (d)

    an assured tenancy or assured agricultural occupancy within the meaning of Part I of the M4Housing Act 1988; [F4F5...

    (e)

    an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996; [F6or]

    (f)

    [F7an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7).]

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

  • “tenancy” includes sub-tenancy.]

Textual Amendments

F1Sch. 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

F2Definition in Sch. 7 para. 1 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 145; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Word in Sch. 7 para. 1(c) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 10(b)(i)

F4Sch. 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

Cases in which the court may make an orderE+W

2(1)This paragraph applies if one spouse [F8or civil partner] is entitled, either in his own right or jointly with the other spouse [F8or civil partner], to occupy a dwelling-house by virtue of a relevant tenancy.E+W

[F9(2)The court may make a Part II order—

[F10(a)on making a divorce, nullity of marriage or judicial separation order or at any time after making such an order (whether, in the case of a divorce or nullity of marriage order, before or after the order is made final), or]

(b)at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.]

Textual Amendments

3(1)This paragraph applies if one cohabitant is entitled, either in his own right or jointly with the other cohabitant, to occupy a dwelling-house by virtue of a relevant tenancy.E+W

(2)If the cohabitants cease [F11to cohabit], the court may make a Part II order.

Textual Amendments

4E+WThe court shall not make a Part II order unless the dwelling-house is or was—

(a)in the case of spouses, a matrimonial home; F12. . .

[F13(aa)in the case of civil partners, a civil partnership home; or]

(b)in the case of cohabitants, a home in which they [F14cohabited].

Textual Amendments

Matters to which the court must have regardE+W

5E+WIn determining whether to exercise its powers under Part II of this Schedule and, if so, in what manner, the court shall have regard to all the circumstances of the case including—

(a)the circumstances in which the tenancy was granted to either or both of the spouses [F15, civil partners] or cohabitants or, as the case requires, the circumstances in which either or both of them became tenant under the tenancy;

(b)the matters mentioned in section 33(6)(a), (b) and (c) and, where the parties are cohabitants and only one of them is entitled to occupy the dwelling-house by virtue of the relevant tenancy, the further matters mentioned in section 36(6)(e), (f), (g) and (h); and

(c)the suitability of the parties as tenants.

Textual Amendments