Q&As

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 19/03/2019

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?

The parties to a marriage live in a council-owned property, the tenancy for which is in the sole name of one of the parties. Following pronouncement of decree absolute, the party in whose name the tenancy is held asked the other party to leave the property. Does that party have any rights to remain living in the property, and what application can they make in relation to the property?

The respondent is entitled to occupy the council-owned property (‘the property’) because of the tenancy agreement, but there is no order in place securing the applicant’s home rights following decree absolute.

The appropriate application to make will depend upon the facts of the case. If the

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