Part II Security of Tenure
Protected occupancies and statutory tenancies
7 Discretion of court in giving possession.
1
This section applies in the Cases in Part I of Schedule 4 to this Act.
2
In those Cases the court shall not make an order unless it considers it reasonable to do so.
F12A
In those cases the court may adjourn for such period or periods as it thinks fit.
3
On the making of the order for possession, or at any time before execution of the order, the court may—
a
stay or suspend execution of the order, or
b
postpone the date of possession,
for such period or periods as the court thinks fit.
F24
On any such adjournment as is referred to in subsection (2A) above or any such stay, suspension or postponement as is referred to in subsection (3) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.
5
If conditions so imposed are complied with, the court may if it thinks fit discharge or rescind the order for possession.
F35A
F3Subsection (5B) below applies in any case where—
a
proceedings are brought for possession of a dwelling-house which is subject to a protected occupancy or statutory tenancy;
b
the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house; and
c
the tenancy is terminated as a result of those proceedings.
5B
In any case to which this subsection applies, the spouse or former spouse 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 subsection (2A) above or any such stay, suspension or postponement as is referred to in subsection (3) above as he or she would have if those rights of occupation were not affected by the termination of the tenancy.
6
In this section “tenant” means a protected occupier or a statutory tenant F4and “tenancy” shall be construed accordingly.