Paragraph 2

England and Wales

(1)

Where a spouse is entitled to occupy the dwelling house by virtue of a protected tenancy within the meaning of the Rent Act 1977, or a secure tenancy F1within the meaning of the Housing Act 1985F2or an assured tenancy of assured agricultural occupancy within the meaning of Part I of the Housing Act 1988F3or an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996, the court may by order direct that, as from such date as may be specified in the order, there shall, by virtue of the order and without further assurance, be transferred to, and vested in, the other spouse—

(a)

the estate or interest which the spouse so entitled had in the dwelling house immediately before that date by virtue of the lease or agreement creating the tenancy and any assignment of that lease or agreement, with all rights, privileges and appurtenances attaching to that estate or interest but subject to all covenants, obligations, liabilities and incumbrances to which it is subject; and

(b)

where the spouse so entitled is an assignee of such lease or agreement, the liability of that spouse under any covenant of indemnity by the assignee expressed or implied in the assignment of the lease or agreement to that spouse.

(2)

Where an order is made under this paragraph, any liability or obligation to which the spouse so entitled is subject under any covenant having reference to the dwelling house in the lease or agreement, being a liability or obligation falling due to be discharged or performed on or after the date so specified, shall not be enforceable against that spouse.

(3)

Where the spouse so entitled is a successor F4within the meaning of Part IV of the Housing Act 1985., his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed also to be a successor within the meaning of that Chapter.

F5(3A)

Where the spouse so entitled is a successor within the meaning of section 132 of the Housing Act 1996, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed also to be a successor within the meaning of that section.

F6(4)

Where the spouse so entitled is for the purposes of section 17 of the Housing Act 1988 a successor in relation to the tenancy or occupancy, his or her former spouse (or, in the case of judicial separation, his or her spouse) shall be deemed to be a successor in relation to the tenancy or occupancy for the purposes of that section.

(5)

If the transfer under sub-paragraph (1) above is of an assured agricultural occupancy, then, for the purposes of Chapter III of Part I of the Housing Act 1988,—

(a)

the agricultural worker condition shall be fulfilled with respect to the dwelling-house while the spouse to whom the assured agricultural occupancy is transferred continues to be the occupier under that occupancy; and

(b)

that condition shall be treated as so fulfilled by virtue of the same paragraph of Schedule 3 to the Housing Act 1988 as was applicable before the transfer.

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)(b)
F2: Words inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140, Sch. 17 para. 34(2)(a)
F3: Words in Sch. 1 para. 2(1) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 2(b)(iii)
F4: Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), ss. 4, 6(4), Sch. 2 para. 56(3)(c)
F5: Sch. 1 para. 2(3A) inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 2(b)(iv)
F6: Sch. 1 para. 2(4)(5) inserted by Housing Act 1988 (c. 50, SIF 75:1), s. 140(1), Sch. 17 para. 34(2)(b)

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)