Housing Act 1988

9 Extended discretion of court in possession claims. E+W

(1) Subject to subsection (6) below, the court may adjourn for such period or periods as it thinks fit proceedings for possession of a dwelling-house let on an assured tenancy.

(2) On the making of an order for possession of a dwelling-house let on an assured tenancy or at any time before the execution of such an order, the court, subject to subsection (6) below, 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 just.

(3) On any such adjournment as is referred to in subsection (1) above or on any such stay, suspension or postponement as is referred to in subsection (2) above, the court, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, shall impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after the termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.

(4) If any such conditions as are referred to in subsection (3) above are complied with, the court may, if it thinks fit, discharge or rescind any such order as is referred to in subsection (2) above.

(5) In any case where—

(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy, the [F1 tenant’s spouse or former spouse, or civil partner or former civil partner, having home rights][F2 under Part IV of the Family Law Act 1996], is in occupation of the dwelling-house, and

(b) the assured tenancy is terminated as a result of those proceedings,

the spouse or former spouse [F3 , or the civil partner or former civil partner] so long as he or she remains in occupation, shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if [F4 those home rights] were not affected by the termination of the tenancy.

[F5 (5A) In any case where—

(a) at a time when proceedings are brought for possession of a dwelling-house let on an assured tenancy—

(i) an order is in force under section 35 of the Family Law Act 1996 conferring rights on the [F6 former spouse or former civil partner of the tenant] , or

(ii) an order is in force under section 36 of that Act conferring rights on a cohabitant or former cohabitant (within the meaning of that Act) of the tenant,

(b) that [F7 former spouse, former civil partner, cohabitant or former cohabitant] is then in occupation of the dwelling-house, and

(c) the assured tenancy is terminated as a result of those proceedings,

[F8 former spouse, former civil partner, cohabitant or former cohabitant]shall have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above as he or she would have if the rights conferred by the order referred to in paragraph (a) above were not affected by the termination of the tenancy.]

(6) This section does not apply if the court is satisfied that the landlord is entitled to possession of the dwelling-house—

(a) on any of the grounds in Part I of Schedule 2 to this Act; or

(b) by virtue of subsection (1) or subsection (4) of section 21 below.

Textual Amendments

F1 Words in s. 9(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, Sch. 9 para. 23(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in s. 9(5)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 59(2)(a) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

F3 Words in s. 9(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, Sch. 9 para. 23(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F4 Words in s. 9(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, Sch. 9 para. 23(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F5 S. 9(5A) inserted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 59(3) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3

F6 Words in s. 9(5A) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, Sch. 9 para. 23(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F7 Words in s. 9(5A) substituted (5.12. 2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, {Sch. 9 para. 23(3)(b}; S.I. 2005/3175, art. 2(1), Sch. 1

F8 Words in s. 9(5A) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 83, 263, Sch. 9 para. 23(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1