SCHEDULE 17 Minor and Consequential Amendments
Part I General Amendments
The Matrimonial Homes Act 1983
34
(1)
In Schedule 1 to that Act (transfer of certain tenancies on divorce, etc.), in paragraph 1—
(a)
“or
(d)
an assured tenancy or assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988”; and
(b)
in sub-paragraph (2) after the words “secure tenancy” there shall be inserted “or an assured tenancy or assured agricultural occupancy”.
(2)
In paragraph 2 of that Schedule (orders transferring tenancies etc. from one spouse to another)—
(a)
in sub-paragraph (1) after the words “Housing Act 1985” there shall be inserted “or an assured tenancy or assured agricultural occupancy within the meaning of Part I of the Housing Act 1988”; and
(b)
“(4)
Where the spouse so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section.
(5)
If the transfer under sub-paragraph (1) above is of an assured agricultural occupancy, then, for the purposes of Chapter III of Part I of the Housing Act 1988,—
(a)
the agricultural worker condition shall be fulfilled with respect to the dwelling-house while the spouse to whom the assured agricultural occupancy is transferred continues to be the occupier under that occupancy; and
(b)
that condition shall be treated as so fulfilled by virtue of the same paragraph of Schedule 3 to the Housing Act 1988 as was applicable before the transfer.”