(1)Section 100 of the 1977 Act (which gives the court an extended discretion in actions for possession of certain dwelling-houses) is amended as follows.
(2)For subsection (3) there is substituted the following subsection—
“(3)On any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.”
(3)After subsection (4) there are inserted the following subsections—
“(4A)Subsection (4B) below applies in any case where—
(a)proceedings are brought for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy ;
(b)the tenant’s spouse or former spouse, having rights of occupation under the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house ; and
(c)the tenancy is terminated as a result of those proceedings.
(4B)In any case to which this subsection applies, the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to, or in connection with, any such adjournment as is referred to in subsection (1) above or any such stay, suspension or postponement as is referred to in subsection (2) above, as he or she would have if those rights of occupation were not affected by the termination of the tenancy.”
(4)Section 7 of the M1 Rent (Agriculture) Act 1976 (which corresponds to section 100 of the 1977 Act) is amended as follows.
(5)After subsection (2) there is inserted the following subsection—
“(2A)In those cases the court may adjourn for such period or periods as it thinks fit.”
(6)For subsection (4) there is substituted the following subsection—
“(4)On any such adjournment as is referred to in subsection (2A) above or any such stay, suspension or postponement as is referred to in subsection (3) above, the court shall, unless it considers that to do so would cause exceptional hardship to the tenant or would otherwise be unreasonable, impose conditions with regard to payment by the tenant of arrears of rent (if any) and rent or payments in respect of occupation after termination of the tenancy (mesne profits) and may impose such other conditions as it thinks fit.”.
(7)After subsection (5) there are inserted the following subsections—
“(5A)Subsection (5B) below applies in any case where—
(a)proceedings are brought for possession of a dwelling-house which is subject to a protected occupancy or statutory tenancy ;
(b)the tenant’s spouse or former spouse, having rights of occupation undr the Matrimonial Homes Act 1967, is then in occupation of the dwelling-house ; and
(c)the tenancy is terminated as a result of those proceedings.
(5B)In any case to which this subsection applies, the spouse or former spouse shall, so long as he or she remains in occupation, have the same rights in relation to or in connection with any such adjournment as is referred to in subsection (2A) above or any such stay, suspension or postponement as is referred to in subsection (3) above as he or she would have if those rights of occupation were not affected by the termination of the tenancy.”
Modifications etc. (not altering text)
C1The text of ss. 55(1), 59(2)(3), 61(1)–(7), 62, 63, 65(1)–(5), 66(1)–(4), 67–69, 70(1), 71, 73(1)–(4), 74(1)(2), 75, 76, 78, 79, 138, 141, 143(3), 148, 152(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Marginal Citations