The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made on the same occasion. To make an occupation order the tenant had to be entitled to it at the date of the application and the hearing. The Act required also that for a transfer to be made, the applicant had to have one of the rights specified. The applicant did not have such a right, and a transfer could not be ordered.
Times 30-Jun-1999, Gazette 28-Jul-1999, [1999] EWCA Civ 1621
Family Law Act 1996 36
England and Wales
Citing:
Leave applied for – Lewis v Lewis HL 1985
The House considered the position of a statutory tenant under the 1977 Act, when application was made under the 1967 Act. . .
Cited – Newlon Housing Trust v Alsulaimen and Another HL 29-Jul-1998
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession . .
Cited – Hammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Cited by:
Cited – Morris, Regina (on the Application of) v Westminster City Council and Another Admn 7-Oct-2004
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.146536 br>