Paragraph 9

England and Wales

(1)

This paragraph applies if the spouse F1, civil partner or cohabitant is entitled to occupy the dwelling-house by virtue of a statutory tenancy within the meaning of the M1Rent (Agriculture) Act 1976.

(2)

The court may by order direct that, as from such date as may be specified in the order—

(a)

that spouse F2, civil partner or cohabitant is to cease to be entitled to occupy the dwelling-house; and

(b)

the other spouse , civil partner or cohabitant is to be deemed to be the tenant or, as the case may be, the sole tenant under that statutory tenancy.

(3)

A spouse F3, civil partner or cohabitant who is deemed under this paragraph to be the tenant under a statutory tenancy is (within the meaning of that Act) a statutory tenant in his own right, or a statutory tenant by succession, according as the other spouse , civil partner or cohabitant was a statutory tenant in his own right or a statutory tenant by succession.

Annotations

Textual amendments

F1: Words in Sch. 7 para. 9(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1
F2: Words in Sch. 7 para. 9(2)(a)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Words in Sch. 7 para. 9(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 16(14); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal citations

M1: 1976 c. 80.