678. Family homes.

Cases decided before 1968 established that occupation of the matrimonial home by a tenant's wife after the tenant had left counted as occupation by the tenant so as to preserve the statutory tenancy1 for as long as the marriage itself subsisted2. In those circumstances the landlord could not properly be granted an order for possession against the husband unless there were available grounds for possession against both husband and wife3. The tenant could not abandon his rights while his wife remained; nor could the landlord evict the wife even if the tenant consented or purported to surrender his statutory tenancy.

The position between husband and wife and between civil partners4 is now governed by