Family Law Act 1996

53(1)Section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) is amended as follows.E+W

(2)In subsection (5)—

(a)in paragraph (a), for “rights of occupation under the Matrimonial Homes Act 1983” substitute “ matrimonial home rights under Part IV of the Family Law Act 1996 ”;F1. . .

(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)After subsection (5) insert—

“(5A)If proceedings are brought for possession of a dwelling-house which is let under a secure tenancy and—

(a)an order is in force under section 35 of the Family Law Act 1996 conferring rights on the former spouse of the tenant or 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)the former spouse, cohabitant or former cohabitant is then in occupation of the dwelling-house, and

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

the former spouse, cohabitant or former cohabitant shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any adjournment, stay, suspension or postponement in pursuance of this section as he or she would have if the rights conferred by the order referred to in paragraph (a) were not affected by the termination of the tenancy.”

Textual Amendments

F1Word preceding Sch. 8 para. 53(2)(b) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(4), 263, Sch. 30; S.I. 2005/3175, art. 2(6)