889. Home rights, occupation orders, and transfer of tenancy orders.

Where one spouse or civil partner1 ('A') is entitled2 to occupy a dwelling house3 by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving A the right to remain in occupation, the spouse or civil partner not so entitled ('B') has the following rights ('home rights'):

  1.  

    (1)     if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it by A except with the leave of the court4;

  2.  

    (2)     if not in occupation, a right with the leave of the court so given to