SCHEDULES

SCHEDULE 7E+W Transfer of certain tenancies on divorce etc. or on separation of cohabitants

1E+WIn this Schedule—

[F1“civil partner”, except in paragraph 2, includes (where the context requires) former civil partner;]
“cohabitant”, except in paragraph 3, includes (where the context requires) former cohabitant;
[F2“the court” means the High Court or the family court,]
“landlord” includes—
(a)
any person from time to time deriving title under the original landlord; and
(b)
in relation to any dwelling-house, any person other than the tenant who is, or (but for Part VII of the M1Rent Act 1977 or Part II of the M2Rent (Agriculture) Act 1976) would be, entitled to possession of the dwelling-house;
“Part II order” means an order under Part II of this Schedule;
“a relevant tenancy” means—
(a)
a protected tenancy or statutory tenancy within the meaning of the Rent Act 1977;
(b)
a statutory tenancy within the meaning of the Rent (Agriculture) Act 1976;
(c)
a secure tenancy within the meaning of section 79 of the M3Housing Act 1985; F3. . .
(d)
an assured tenancy or assured agricultural occupancy within the meaning of Part I of the M4Housing Act 1988; [F4F5...
(e)
an introductory tenancy within the meaning of Chapter I of Part V of the Housing Act 1996; [F6or]
(f)
[F7an occupation contract within the meaning of the Renting Homes (Wales) Act 2016 (anaw 1) (see section 7).]
“spouse”, except in paragraph 2, includes (where the context requires) former spouse; and
“tenancy” includes sub-tenancy.]

Textual Amendments

F2Definition in Sch. 7 para. 1 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 145; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F3Word in Sch. 7 para. 1(c) omitted (12.2.1997) by virtue of S.I. 1997/74, art. 2, Sch. para. 10(b)(i)

F4Sch. 7 para. 1(e) and preceding word inserted (12.2.1997) by S.I. 1997/74, art. 2, Sch. para. 10(b)(i)

Marginal Citations