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England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1F2 The dwelling-house was occupied (whether alone or with others) by F3 a married couple, a couple who are civil partners of each otherF4... F5 or a couple living together as if they were F6a married couple or civil partners and—

(a)

one or both of the partners is a tenant of the dwelling-house,

(b)

the landlord who is seeking possession is F7a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust F8or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing,

(c)

one partner has left the dwelling-house because of violence or threats of violence by the other towards—

(i)

that partner, or

(ii)

a member of the family of that partner who was residing with that partner immediately before the partner left, and

(d)

the court is satisfied that the partner who has left is unlikely to return.

For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the M1 Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the M2 Housing Associations Act 1985, which is a charity F9....

Annotations

Textual amendments

F1

Sch. 2 Pt. II Ground 14A and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 149; S.I. 1997/225, art. 2 (with Sch.)

F2

Sch. 2 Pt. II Ground 14A and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 149; S.I. 1997/225, art. 2 (with Sch.)

F3

Words in Sch. 2 Pt. 2 Ground 14A substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 43(3)(a); S.I. 2005/3175, art. 2(1),Sch. 1

F4

Words in Sch. 2 Pt. 2 omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 12(3)(a)

F5

Words in Sch. 2 Pt. 2 Ground 14A inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 81, 263, Sch. 8 para. 43(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F6

Words in Sch. 2 Pt. 2 inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 12(3)(b)

F7

Words in Sch. 2 Ground 14A(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 74(3)(a) (with art. 6, Sch. 3)

F8

Words in Sch. 2 Ground 14A(b) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 74(3)(b) (with art. 6, Sch. 3)

F9

Words in Sch. 2 omitted (Ground 14A) (14.3.2012 immediately before the Charities Act 2011 (c. 25) comes into force) by virtue of The Charities (Pre-consolidation Amendments) Order 2011 (S.I. 2011/1396), art. 1, Sch. paras. 37(1), (2)(d)

Marginal citations

M1

1985 c. 69.

M2

1993 c. 10.

Notes on Part II

Modifications

C1

Sch. 2 Pt. II (Grounds 9–15) applied (with modifications) by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 5, 21, 22