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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

209

 

partnership proceedings or after overseas dissolution of civil

partnership, etc.).”

20         

In section 87(a) (entitlement of tenant’s spouse to succeed to secure tenancy),

after “spouse” insert “or civil partner”.

21    (1)  

Amend section 88 (cases where secure tenant is a successor) as follows.

5

      (2)  

In subsection (1)(d), for “(2) and (3)” substitute “(2) to (3)”.

      (3)  

After subsection (2) insert—

“(2A)   

A tenant to whom the tenancy was assigned in pursuance of an order

under Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to

the Civil Partnership Act 2004 (property adjustment orders in

10

connection with civil partnership proceedings or after overseas

dissolution of civil partnership, etc.) is a successor only if the other

civil partner was a successor.”

22    (1)  

Amend section 89 (succession to periodic secured tenancy) as follows.

      (2)  

In subsection (2)(a) (tenant’s spouse is preferred successor), after “spouse”

15

insert “or civil partner”.

      (3)  

In subsection (3)(a), after “parents)” in sub-paragraph (iii) insert “, or

(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

20

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

23         

In section 90(3)(a) (secure tenancy for term certain does not cease to be

secure tenancy if vested under certain orders), after sub-paragraph (iii)

insert—

25

“(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.), or”.

30

24         

In section 91(3)(b) (assignments not prohibited if in pursuance of certain

orders), after “parents)” in sub-paragraph (iii) insert “, or

(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

35

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

25         

In section 99B(2)(e) (subsection applies to assignees in pursuance of certain

orders), after “parents)” in sub-paragraph (iii) insert “, or

(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

40

Schedule 8, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

26         

In section 101(3)(c) (assignees in pursuance of certain orders are qualifying

45

successors), after “parents)” in sub-paragraph (iii) insert “, or

(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

210

 

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

27    (1)  

Amend sections 113 and 186 (meaning of “member of a person’s family” in

Parts 3 and 4) as follows.

5

      (2)  

In subsection (1)(a)—

(a)   

after “spouse” insert “or civil partner”, and

(b)   

after “live together as husband and wife” insert “or as if they were

civil partners”.

      (3)  

In subsection (2)(a), after “a relationship by marriage” insert “or civil

10

partnership”.

28         

In section 123(2)(a) (family members with whom right to buy may be

exercised), after “is his spouse” insert “, is his civil partner”.

29         

In section 130(3) (persons whose receipt of discount results in reduction of

subsequent discount)—

15

(a)   

in paragraph (b), after “spouse” insert “, or civil partner,” and

(b)   

in paragraph (c), after “deceased spouse” insert “, or deceased civil

partner,”.

30         

In section 160(3) (right to buy: disposals in pursuance of certain orders are

exempted), after paragraph (d) insert “, or

20

(e)   

Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to the

Civil Partnership Act 2004 (property adjustment orders, or

orders for the sale of property, in connection with civil

partnership proceedings or after overseas dissolution of civil

partnership, etc.).”

25

31         

In section 171B(4)(b) (persons who become tenants in pursuance of certain

orders are qualifying successors), after sub-paragraph (iv) insert “or

(v)   

an order under Part 2 of Schedule 6, or a property

adjustment order under paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

30

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.),”.

32         

In section 554(2A) (grant by registered social landlords to former owner-

occupier of defective dwelling), for paragraph (b) substitute—

35

“(b)   

is the spouse or civil partner, or a former spouse or former

civil partner, or the surviving spouse or surviving civil

partner, of a person falling within paragraph (a); or”.

33         

In Part 1 of Schedule 2 (secure tenancies: grounds for possession if court

considers possession reasonable), in ground 2A (violence by member of a

40

couple)—

(a)   

for “a married couple or” substitute “a married couple, a couple who

are civil partners of each other,” and

(b)   

after “as husband or wife” insert “or a couple living together as if

they were civil partners”.

45

34         

In paragraphs 2, 5 and 5A of Schedule 4 (qualifying period for right to buy

and discount)—

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

211

 

(a)   

after “deceased spouse” in paragraph (c) of each of those paragraphs

insert “, or deceased civil partner,” and

(b)   

after “spouse” (in each other place) insert “or civil partner”.

35    (1)  

Amend Schedule 6A (redemption of landlord’s share) as follows.

      (2)  

In paragraph 1(2)(a) (meaning of “excluded disposal”), after “spouse” insert

5

“or civil partner”.

      (3)  

In paragraph 1(2)(c) (disposals excluded if in pursuance of certain orders),

after sub-paragraph (iv) insert “or

(v)   

Part 2 or 3 of Schedule 6, or paragraph 9 of

Schedule 8, to the Civil Partnership Act 2004

10

(property adjustment orders, or orders for the sale

of property, in connection with civil partnership

proceedings or after overseas dissolution of civil

partnership, etc.),”.

      (4)  

In paragraphs 4(3)(b) and 12(1), (2) and (3)(d), for “qualifying spouse”

15

substitute “qualifying partner”.

      (5)  

In paragraph 12(2) (which will define “qualifying partner”), for paragraph

(c) and the words after that paragraph substitute—

“(c)   

he—

(i)   

is the spouse, the civil partner, a former spouse, a

20

former civil partner, the surviving spouse, the

surviving civil partner, a surviving former spouse

or a surviving former civil partner of the person

who immediately before that time was entitled to

the interest to which this paragraph applies or, as

25

the case may be, the last remaining such interest, or

(ii)   

is the surviving spouse, the surviving civil partner,

a surviving former spouse or a surviving former

civil partner of a person who immediately before

his death was entitled to such an interest.”

30

Agricultural Holdings Act 1986 (c. 5)

36    (1)  

In sections 35(2) and 49(3) (interpretation respectively of sections 36 to 48,

and sections 49 to 58, etc.), amend the definition of “close relative” as

follows.

      (2)  

In paragraph (a), for “or husband” substitute “, husband or civil partner”.

35

      (3)  

In paragraph (d), after “marriage” (in each place) insert “or civil

partnership”.

37         

In section 36 (eligible person may apply for new tenancy on death of tenant),

after subsection (4) insert—

“(4A)   

In the case of the deceased’s civil partner the reference in subsection

40

(3)(a) above to the relative’s agricultural work shall be read as a

reference to agricultural work carried out by either the civil partner

or the deceased (or both of them).”

38         

In section 50 (eligible person may apply for new tenancy on retirement of

tenant), after subsection (3) insert—

45

“(3A)   

In the case of the civil partner of the retiring tenant the reference in

subsection (2)(a) above to the relative’s agricultural work shall be

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

212

 

read as a reference to agricultural work carried out by either the civil

partner or the retiring tenant (or both of them).”

39    (1)  

Amend Schedule 6 (eligibility to apply for new tenancy under Part 4) as

follows.

      (2)  

In paragraph 1(2) (control of body corporate by deceased’s close relative)—

5

(a)   

after “or his spouse” insert “or his civil partner”, and

(b)   

after “together” insert “or he and his civil partner together”.

      (3)  

In paragraph 1 (preliminary), after sub-paragraph (3) insert—

     “(4)  

Any reference in this Schedule to the civil partner of a close

relative of the deceased does not apply in relation to any time

10

when the relative’s civil partnership is subject to—

(a)   

a separation order under Chapter 2 of Part 2 of the Civil

Partnership Act 2004, or

(b)   

a dissolution order, nullity order or presumption of death

order that is a conditional order under that Chapter.”

15

      (4)  

In paragraph 6(2) (no disregard of occupation by relative under tenancy

granted by his spouse), after “spouse” insert “or civil partner”.

      (5)  

In paragraph 9(1)(a) (occupation by spouse of relative treated as occupation

by relative), after “spouse” insert “, or civil partner,”.

      (6)  

In paragraph 9(2) (cases involving joint occupation by spouse, or controlled

20

body, and another)—

(a)   

for the words from “joint occupation of land” to “sub-paragraphs”

substitute “joint occupation of land by—

(a)   

his spouse or civil partner or a body corporate, and

(b)   

any other person or persons,

25

           

sub-paragraphs”, and

(b)   

after “spouse” (in the second place) insert “or civil partner,”.

      (7)  

In paragraph 10(3)(a) (meaning of “connected person”), after “spouse” insert

“or civil partner”.

      (8)  

In the italic heading before each of paragraphs 9 and 10, after “spouse” insert

30

“, civil partner”.

Landlord and Tenant Act 1987 (c. 31)

40    (1)  

Amend section 4 (meaning of “relevant disposal” for purposes of tenants’

rights of first refusal) as follows.

      (2)  

In subsection (2)(c) (disposals in pursuance of certain orders not relevant

35

disposals), after sub-paragraph (vi) insert—

“(vii)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

40

of a civil partnership, etc.), or

(viii)   

Part 3 of Schedule 6, or paragraph 9(4) of Schedule 8,

to the Civil Partnership Act 2004 (orders for the sale of

property in connection with civil partnership

proceedings or after overseas dissolution of a civil

45

partnership, etc.) where the order includes provision

requiring the property concerned to be offered for

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

213

 

sale to a person or class of persons specified in the

order;”.

      (3)  

In subsection (5)(a)—

(a)   

after “spouse” insert “or civil partner”, and

(b)   

after “live together as husband and wife” insert “or as if they were

5

civil partners”.

      (4)  

In subsection (6)(a), after “a relationship by marriage” insert “or civil

partnership”.

Housing Act 1988 (c. 50)

41    (1)  

Amend section 17 (succession to assured periodic tenancy by spouse) as

10

follows.

      (2)  

In subsection (1), after “spouse” (in each place) insert “or civil partner”.

      (3)  

For subsection (4) substitute—

“(4)   

For the purposes of this section—

(a)   

a person who was living with the tenant as his or her wife or

15

husband shall be treated as the tenant’s spouse, and

(b)   

a person who was living with the tenant as if they were civil

partners shall be treated as the tenant’s civil partner.”

      (4)  

In subsection (5), for the words after “the county court” substitute “shall for

the purposes of this section be treated (according to whether that one of

20

them is of the opposite sex to, or of the same sex as, the tenant) as the tenant’s

spouse or the tenant’s civil partner.”

42         

In section 82(1)(b) (after disposal by housing action trust, legal assistance

may be given to surviving spouse of pre-disposal tenant), for “or widower”

substitute “, widower or surviving civil partner”.

25

43    (1)  

Amend Schedule 2 (assured tenancies: grounds for possession) as follows.

      (2)  

In Part 1 (cases where court must order possession), in paragraph (b) of

Ground 1 (landlord previously resident or requiring premises as residence

for himself or his spouse), for “his or his spouse’s” substitute “his, his

spouse’s or his civil partner’s”.

30

      (3)  

In Part 2 (cases where court may order possession), in Ground 14A (violence

by member of a couple)—

(a)   

for “a married couple or” substitute “a married couple, a couple who

are civil partners of each other,” and

(b)   

after “as husband or wife” insert “or a couple living together as if

35

they were civil partners”.

44    (1)  

Amend paragraph 3 of Schedule 3 (agricultural worker condition where

dwelling occupied by surviving spouse or family member of previous

qualifying occupier) as follows.

      (2)  

In sub-paragraphs (1)(c)(i), (3)(a) and (6), for “widow or widower” substitute

40

“surviving partner”.

      (3)  

For sub-paragraph (2) substitute—

     “(2)  

For the purposes of sub-paragraph (1)(c)(i) above and sub-

paragraph (3) below—

(a)   

“surviving partner” means widow, widower or surviving

45

civil partner; and

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

214

 

(b)   

a surviving partner of the previous qualifying occupier of

the dwelling-house is a qualifying surviving partner if that

surviving partner was residing in the dwelling-house

immediately before the previous qualifying occupier’s

death.”

5

      (4)  

For sub-paragraph (5) (person living as wife or husband with previous

occupier) substitute—

     “(5)  

For the purposes of sub-paragraph (2)(a) above—

(a)   

a person who, immediately before the previous qualifying

occupier’s death, was living with the previous occupier as

10

his or her wife or husband shall be treated as the widow or

widower of the previous occupier, and

(b)   

a person who, immediately before the previous qualifying

occupier’s death, was living with the previous occupier as

if they were civil partners shall be treated as the surviving

15

civil partner of the previous occupier.”

45    (1)  

Amend paragraph 4 of Schedule 11 (exempted disposals by housing action

trusts) as follows.

      (2)  

In sub-paragraph (2)(b) (meaning of “qualifying person” in definition of

“exempted disposal”), after “the spouse or a former spouse” insert “, or the

20

civil partner or a former civil partner,”.

      (3)  

In sub-paragraph (4) (disposals in pursuance of certain orders), after

paragraph (d) insert “, or

(e)   

Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to

the Civil Partnership Act 2004 (property adjustment

25

orders, or orders for the sale of property, in connection

with civil partnership proceedings or after overseas

dissolution of civil partnership, etc.).”

Local Government and Housing Act 1989 (c. 42)

46         

In paragraph 5(1)(c) of Schedule 10 (long residential tenancies: grounds for

30

possession: premises required as residence for landlord or family member),

for the words from “as a residence” to “mother and,” substitute “as a

residence for—

(i)   

himself,

(ii)   

any son or daughter of his over eighteen years of

35

age,

(iii)   

his father or mother, or

(iv)   

the father, or mother, of his spouse or civil partner,

   

and,”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

40

47    (1)  

Amend section 7 (meaning of “long lease”) as follows.

      (2)  

In subsection (1)(b) (which refers to section 149(6) of the Law of Property Act

1925), after “terminable after a death or marriage” insert “or the formation of

a civil partnership”.

      (3)  

In subsection (2) (exclusion of certain leases terminable by notice after death

45

or marriage)—

 

 

Civil Partnership Bill [HL]
Schedule 9 — Housing and tenancies

215

 

(a)   

for “a death or marriage” substitute “a death, a marriage or the

formation of a civil partnership”, and

(b)   

in paragraph (a), after “marriage of” insert “, or the formation of a

civil partnership by,”.

48         

In section 10(5) (members of family of resident landlord), for “wife or

5

husband” (in each place) substitute “spouse or civil partner”.

Agricultural Tenancies Act 1995 (c. 8)

49         

In section 7(3) (which refers to section 149(6) of the Law of Property Act

1925), after “marriage of” insert “, or formation of a civil partnership by,”.

Housing Act 1996 (c. 52)

10

50    (1)  

Amend section 15 (relevant and exempted disposals) as follows.

      (2)  

In subsection (5)(b) (meaning of “qualifying person” in the definition of

“exempted disposal”), after “the spouse or a former spouse” insert “, or the

civil partner or a former civil partner,”.

      (3)  

In subsection (6) (disposals in pursuance of certain orders are exempt), after

15

paragraph (d) insert “; or

(e)   

Part 2 or 3 of Schedule 6, or paragraph 9 of Schedule 8, to the

Civil Partnership Act 2004 (property adjustment orders, or

orders for the sale of property, in connection with civil

partnership proceedings or after overseas dissolution of civil

20

partnership, etc.).”

51    (1)  

Amend sections 62 and 140 (meaning of “member of a person’s family” in

Part 1 and in Chapter 1 of Part 5) as follows.

      (2)  

In subsection (1)(a)—

(a)   

after “spouse” insert “or civil partner”, and

25

(b)   

after “live together as husband and wife” insert “or as if they were

civil partners”.

      (3)  

In subsection (2)(a), after “a relationship by marriage” insert “or civil

partnership”.

52         

In section 132 (introductory tenancies: cases where tenant is successor), after

30

subsection (2) insert—

“(2A)   

A tenant to whom the tenancy was assigned in pursuance of an order

under Part 2 of Schedule 6, or paragraph 9(2) or (3) of Schedule 8, to

the Civil Partnership Act 2004 (property adjustment orders in

connection with civil partnership proceedings or after overseas

35

dissolution of civil partnership, etc.) is a successor only if the other

civil partner was a successor.”

53    (1)  

Amend section 133 (succession to introductory tenancy) as follows.

      (2)  

In subsection (2)(a) (spouse of deceased tenant is preferred successor), after

“spouse” insert “or civil partner”.

40

      (3)  

In subsection (3)(a) (tenancy ceases to be introductory on vesting otherwise

than in pursuance of certain orders), after “parents)” in sub-paragraph (iii)

insert “, or

(iv)   

Part 2 of Schedule 6, or paragraph 9(2) or (3) of

Schedule 8, to the Civil Partnership Act 2004

45

 

 

 
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