Section 28 — Property (Relationships) Act 1976: Orders with respect to tenancy

28 Orders with respect to tenancy (1) Regardless of section 23 , the Court may at any time, on the application of either spouse or partner, make an order vesting in either spouse or partner (the applicant ) the tenancy of any dwellinghouse. (1A) The Court may not make an order under this section unless, at the time of the making of the order,— (a) the spouse or partner against whom the order is made (the other party ) is or was the sole tenant of the dwellinghouse, or is or was a tenant holding jointly or in common with the applicant; and (b) the other party is a tenant of the dwellinghouse; and (c) either spouse or partner is residing in the dwellinghouse. (2) On the taking effect of an order made under subsection (1) of this section, unless the tenancy is sooner lawfully determined, the applicant shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of that order, and the other party shall cease to be the tenant. Every such order shall have effect and may be enforced as if it were an order of the Court for possession of the land granted in favour of the applicant. (3) Nothing in this section or in any order made under this section shall be construed to limit or affect the operation of any enactment or rule of law for the time being applicable to any tenancy to which this section applies or to the dwellinghouse held under the tenancy, or to authorise the Court to vary, except by vesting or revesting the tenancy pursuant to this section, any express or implied term or condition of the tenancy. (4) On the application of the other party or his personal representative in any case in which an order is made under subsection (1) of this section, the Court may, if it thinks fit, make an order discharging the first-mentioned order and revesting the tenancy accordingly. (5) On the taking effect of any revesting order made under subsection (4) of this section, unless the tenancy is sooner lawfully determined, the person in whose favour it is made shall become the tenant of the dwellinghouse upon and subject to the terms and conditions of the tenancy in force at the time of the making of the revesting order. (5A) In this section, dwellinghouse means any building or part of a building let as a separate dwelling; and includes— (a) Any furniture or other chattels let with the building or part of a building; and (b) Any land, outbuildings, or parts of buildings included in the tenancy. (6) For the purposes of this section, the term tenant , in relation to any dwellinghouse, includes any person whose tenancy has expired or been determined, and who is for the time being deemed under or by virtue of any enactment or rule of law to continue to be the tenant of the dwellinghouse; and the term tenancy has a corresponding meaning. (7) In proceedings commenced after the death of 1 of the spouses or partners, this section is modified by section 91 . Compare: 1963 No 71 s 60 Subsection (1) was amended, as from 10 July 1987, by section 2(1) Matrimonial Property Amendment Act 1987 (1987 No 151) by omitting the words “ , being a dwellinghouse within the meaning of the Tenancy Act 1955 ” . Subsection (1) was substituted, as from 1 February 2002, by section 27(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” in both places they appear. Subsection (1A) was inserted, as from 1 February 2002, by section 27(1) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1A) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” in both places they appear. Subsection (5A) was inserted, as from 10 July 1987, by section 2(2) Matrimonial Property Amendment Act 1987 (1987 No 151). Subsection (7) was inserted, as from 1 February 2002, by section 27(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (7) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .