The Family Homes and Domestic Violence (Northern Ireland) Order 1998

The Housing (Northern Ireland) Order 1983 (NI 15)

In Article 36(1) (rent not to be increased on account of tenant’s improvements), for sub-paragraph (d) substitute the following sub-paragraph

“(d) if the tenancy has been transferred to a spouse, former spouse, cohabitee or former cohabitee of his by an order made under Schedule 1 to the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 or Schedule 2 to the Family Homes and Domestic Violence (Northern Ireland) Order 1997, at any time whilst the transferee is a secure tenant of that dwelling-house”.

In Article 47 (extended discretion of court in certain proceedings for possession)—

(a) in paragraph (5)(b), for “rights of occupation under Part II of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984” substitute “matrimonial home rights under the Family Homes and Domestic Violence (Northern Ireland) Order 1997”;

(b) in paragraph (6), for “rights of occupation” substitute “matrimonial home rights”;

(c) after paragraph (6) add the following paragraphs—

“(7) Paragraph (8) applies in any case where—

(a) proceedings are brought for possession of a dwelling-house which is let under a secure tenancy;

(b) an order is in force under Article 13 of the Family Homes and Domestic Violence (Northern Ireland) Order 1997 conferring rights on the former spouse of the tenant or an order is in force under Article 14 of that Order conferring rights on a cohabitee or former cohabitee (within the meaning of that Order) of the tenant;

(c) that former spouse, cohabitee or former cohabitee is then in occupation of the dwelling-house; and

(d) the tenancy is or may be terminated as a result of those proceedings.

(8) In any case to which this paragraph applies, the former spouse, cohabitee or former cohabitee shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in paragraph (1) or any such stay, suspension or adjournment as is referred to in paragraph (2), as he or she would have if the rights conferred by the order referred to in paragraph (7)(b) were not affected by the termination of the tenancy.”.