Paragraph 1
England and Wales
Where one spouse is entitled, either in his or her own right or jointly with the other spouse, to occupy a dwelling house by virtue of—
a protected tenancy or statutory tenancy within the meaning of the M1Rent Act 1977, or
a statutory tenancy within the meaning of the M2Rent (Agriculture) Act 1976, or
an assured tenancy or assured agricultural occupancy, within the meaning of Part I of the Housing Act 1988F3, or
an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996,
then, on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation, or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), the court by which the decree is granted may make an order under Part II below.
References in this Schedule to a spouse being entitled to occupy a dwelling house by virtue of a protected, statutory or secure tenancy F4or an assured tenancy or assured agricultural occupancyF5or an introductory tenancy apply whether that entitlement is in his or her own right, or jointly with the other spouse.
Annotations
Textual amendments
- F1
Words substituted by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), ss. 4, 6(4), Sch. 2 para. 56(3)(a)
- F2
Word “or” and para. 1(1)(d) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 34(1)(a)
- F3
Sch. 1 para. 1(1)(e) and the word preceding it inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 2(b)(i)
- F4
Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 34(1)(b)
- F5
Words in Sch. 1 para. 1(2) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 2(b)(ii)
Marginal citations
- M1
- M2
Notes on the whole Act
Textual amendments
- F1
Act repealed (1.10.1997) by 1996 c. 27, s. 66(3), Sch. 10 (with Sch. 9 paras. 5, 8-10); S.I. 1997/1892, art. 3(1)(d)(iii)