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Family Homes and Domestic Violence (Northern Ireland) Order 1998
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- Northern Ireland Orders in Council
- 1998 No. 1071 (N.I. 6)
- SCHEDULE 2
- PART II
- Protected or secure tenancy
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Changes over time for: Cross Heading: Protected or secure tenancy
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Family Homes and Domestic Violence (Northern Ireland) Order 1998, Cross Heading: Protected or secure tenancy is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 2(3)(j) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 52(b)
- art. 3(7)(8) inserted by 2022 c. 18 (N.I.) Sch. 3 para. 53(c)
Protected or secure tenancyN.I.
7.—(1) If a spouse[F1, civil partner] or cohabitee is entitled to occupy the dwelling-house by virtue of a protected tenancy or a secure tenancy 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[F1, civil partner] or cohabitee—N.I.
(a)the estate which the spouse[F1, civil partner] or cohabitee 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 but subject to all covenants, obligations, liabilities and incumbrances to which it is subject, and
(b)where the spouse[F1, civil partner] or cohabitee so entitled is an assignee of such lease or agreement, the liability of that spouse[F1, civil partner] or cohabitee under any covenant of indemnity by the assignee expressed or implied in the assignment of the lease or agreement to that spouse[F1, civil partner] or cohabitee.
(2) If an order is made under this paragraph, any liability or obligation to which the spouse[F1, civil partner] or cohabitee so entitled is subject under any covenant having reference to the dwelling-house in the lease, agreement or assignment, 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[F1, civil partner] or cohabitee.
[F1(3) If the spouse, civil partner or cohabitee so entitled is a successor within the meaning of Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))—
(a)his former spouse (or, in the case of judicial separation, his spouse),
(b)his former civil partner (or, if a separation order is in force, his civil partner), or
(c)his former cohabitee,
is to be deemed also to be a successor within the meaning of that Chapter.]
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