Family Law Act 1996

9 (1) This paragraph applies if the spouse [F1 , civil partner] or cohabitant is entitled to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the M1 Rent (Agriculture) Act 1976. E+W

(2) The court may by order direct that, as from such date as may be specified in the order—

(a) that spouse [F2 , civil partner] or cohabitant is to cease to be entitled to occupy the dwelling-house; and

(b) the other spouse [F2 , civil partner] or cohabitant is to be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy.

(3) A spouse [F3 , civil partner] or cohabitant who is deemed under this paragraph to be the tenant under a statutory tenancy is (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as the other spouse [F3 , civil partner] or cohabitant was a statutory tenant in his own right or a statutory tenant by succession.

Textual Amendments

F1 Words in Sch. 7 para. 9(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in Sch. 7 para. 9(2)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1

F3 Words in Sch. 7 para. 9(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 1976 c. 80.