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Civil Partnership Bill [HL]


Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

219

 

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

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

5

(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.”

Agricultural Holdings Act 1986 (c. 5)

10

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”.

      (3)  

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

15

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

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

20

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—

“(3A)   

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

25

subsection (2)(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 retiring tenant (or both of them).”

39    (1)  

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

follows.

30

      (2)  

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

(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

35

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

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

40

order that is a conditional order under that Chapter.”

      (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,”.

45

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

220

 

      (6)  

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

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

5

(b)   

any other person or persons,

           

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”.

10

      (8)  

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

“, 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.

15

      (2)  

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

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

“(vii)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of

Schedule 7, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

20

partnership proceedings or after overseas dissolution

of a civil partnership, etc.), or

(viii)   

Part 3 of Schedule 5, or paragraph 9(4) of Schedule 7,

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

property in connection with civil partnership

25

proceedings or after overseas dissolution of a civil

partnership, etc.) where the order includes provision

requiring the property concerned to be offered for

sale to a person or class of persons specified in the

order;”.

30

      (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

civil partners”.

      (4)  

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

35

partnership”.

Housing Act 1988 (c. 50)

41    (1)  

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

follows.

      (2)  

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

40

      (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

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

(b)   

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

45

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

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

221

 

      (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

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

5

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

substitute “, widower or surviving civil partner”.

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

10

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

spouse’s or his civil partner’s”.

      (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

15

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”.

44    (1)  

Amend paragraph 3 of Schedule 3 (agricultural worker condition where

dwelling occupied by surviving spouse or family member of previous

20

qualifying occupier) as follows.

      (2)  

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

“surviving partner”.

      (3)  

For sub-paragraph (2) substitute—

     “(2)  

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

25

paragraph (3) below—

(a)   

“surviving partner” means widow, widower or surviving

civil partner; and

(b)   

a surviving partner of the previous qualifying occupier of

the dwelling-house is a qualifying surviving partner if that

30

surviving partner was residing in the dwelling-house

immediately before the previous qualifying occupier’s

death.”

      (4)  

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

occupier) substitute—

35

     “(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

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

widower of the previous occupier, and

40

(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

civil partner of the previous occupier.”

45    (1)  

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

45

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

civil partner or a former civil partner,”.

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

222

 

      (3)  

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

paragraph (d) insert “, or

(e)   

Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to

the Civil Partnership Act 2004 (property adjustment

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

5

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

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

10

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

age,

15

(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)

47    (1)  

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

20

      (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

or marriage)—

25

(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

30

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)

35

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

40

paragraph (d) insert “; or

(e)   

Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the

Civil Partnership Act 2004 (property adjustment orders, or

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

223

 

orders for the sale of property, in connection with civil

partnership proceedings or after overseas dissolution of civil

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.

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”.

52         

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

subsection (2) insert—

“(2A)   

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

under Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to

15

the Civil Partnership Act 2004 (property adjustment orders in

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.”

53    (1)  

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

20

      (2)  

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

“spouse” insert “or civil partner”.

      (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

25

(iv)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of

Schedule 7, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

30

54         

In section 134(2)(a) (introductory tenancy may not be assigned except in

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

“, or

(iv)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of

Schedule 7, to the Civil Partnership Act 2004

35

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

of civil partnership, etc.)”.

55         

In section 143H(5)(a) (two or more successors to demoted tenancy), for

“spouse or (if the tenant has no spouse)” substitute “spouse or civil partner

40

or (if the tenant has neither spouse nor civil partner)”.

56         

In section 143I(3) (tenancy does not cease to be demoted tenancy if vested

pursuant to certain orders), after paragraph (c) insert—

“(d)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to

the Civil Partnership Act 2004 (property adjustment orders in

45

connection with civil partnership proceedings or after

overseas dissolution of civil partnership, etc.).”

57         

For paragraphs (a) and (b) of section 143J(5) (successor by assignment to

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

224

 

secure tenancy terminated by demotion order) substitute—

“(a)   

the tenancy was assigned—

(i)   

in proceedings under section 24 of the Matrimonial

Causes Act 1973 (property adjustment orders in

connection with matrimonial proceedings) or section

5

17(1) of the Matrimonial and Family Proceedings Act

1984 (property adjustment orders after overseas

divorce, etc.), or

(ii)   

in proceedings under Part 2 of Schedule 5, or

paragraph 9(2) or (3) of Schedule 7, to the Civil

10

Partnership Act 2004 (property adjustment orders in

connection with civil partnership proceedings or after

overseas dissolution of civil partnership, etc.),

(b)   

where the tenancy was assigned as mentioned in paragraph

(a)(i), neither he nor the other party to the marriage was a

15

successor, and

(c)   

where the tenancy was assigned as mentioned in paragraph

(a)(ii), neither he nor the other civil partner was a successor.”

58         

In section 143K(2) (demoted tenancy may be assigned only in pursuance of

certain orders), after paragraph (c) insert—

20

“(d)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of Schedule 7, to

the Civil Partnership Act 2004 (property adjustment orders in

connection with civil partnership proceedings or after

overseas dissolution of civil partnership, etc.).”

59    (1)  

Amend section 143P (meaning of “member of another’s family”) as follows.

25

      (2)  

In subsection (1)(a), after “spouse” insert “or civil partner”.

      (3)  

In subsection (3)(a), after “marriage” insert “or civil partnership”.

60         

In section 160 (cases where provisions about allocations do not apply), in

each of subsections (2)(e) and (3)(d) (cases where secure or introductory

tenancy vests etc. in pursuance of certain orders), after sub-paragraph (iii)

30

insert “, or

(iv)   

Part 2 of Schedule 5, or paragraph 9(2) or (3) of

Schedule 7, to the Civil Partnership Act 2004

(property adjustment orders in connection with civil

partnership proceedings or after overseas dissolution

35

of civil partnership, etc.).”

61    (1)  

Amend section 178 (meaning of “associated person” in Part 7) as follows.

      (2)  

In subsection (1), after paragraph (a) insert—

“(aa)   

they are or have been civil partners of each other;”.

      (3)  

In subsection (1), after paragraph (e) insert—

40

“(ea)   

they have entered into a civil partnership agreement between

them (whether or not that agreement has been terminated);”.

      (4)  

In subsection (3), after the definition of “child” insert—

           

““civil partnership agreement” has the meaning given by section 73 of

the Civil Partnership Act 2004;”.

45

      (5)  

In subsection (3), for the definition of “cohabitants” substitute—

   

““cohabitants” means—

 

 

Civil Partnership Bill [HL]
Schedule 8 — Housing and tenancies

225

 

(a)   

a man and a woman who, although not married to

each other, are living together as husband and wife,

or

(b)   

two people of the same sex who, although not civil

partners of each other, are living together as if they

5

were civil partners;

   

and “former cohabitants” shall be construed accordingly;”.

      (6)  

In subsection (3), in each of paragraphs (a) and (b) of the definition of

“relative”, for “spouse or former spouse” substitute “spouse, civil partner,

former spouse or former civil partner”.

10

      (7)  

In paragraph (b) of that definition, for “affinity” substitute “marriage or civil

partnership”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

62         

In section 30(6)(a) (power to provide for financial position of others to be

taken into account in means-testing applicant for grant), after “his spouse,”

15

insert “his civil partner,”.

63    (1)  

In section 54(3) (disposals in pursuance of certain orders are exempt) as it

has effect by virtue of article 11(2) of the 2002 Order (saving for certain

purposes of repealed provisions), after paragraph (d) insert “; or

(e)   

Part 2 or 3 of Schedule 5, or paragraph 9 of Schedule 7, to the

20

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.).”

      (2)  

In sub-paragraph (1) “the 2002 Order” means the Regulatory Reform

25

(Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).

Commonhold and Leasehold Reform Act 2002 (c. 15)

64         

In section 76(2)(c) (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”.

30

65         

In section 77(1) (“long lease”: exclusion of certain leases terminable by notice

after death or marriage)—

(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

35

civil partnership by,”.

66         

In paragraph 3(8) of Schedule 6 (members of freeholder’s family whose

occupation of premises excludes premises from right to manage), after

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

 

 

 
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