Commentary on Sections Schedule 18: Housing and tenancies: Northern Ireland
758.Schedule 18 makes amendments to a range of enactments relating to housing and tenancies, in order to ensure equality of treatment between spouses and civil partners. This Schedule extends only to Northern Ireland.
759.Paragraph 1 amends Article 14 of the Rent (Northern Ireland) Order 1978 which provides that on the making of an order for possession of a dwelling-house or at any time before the enforcement of such an order, the court, on application of the tenant or of the tenant’s spouse if that spouse is occupying the dwelling-house as his or her residence, may stay or suspend enforcement of the order or postpone the date of possession. The amendment ensures that the court treats a tenant’s civil partner in the same manner as a spouse in relation to applications for orders for possession.
760.Paragraph 2 amends Schedule 1 to the Rent (Northern Ireland) Order 1978. This Schedule determines (for the purposes of tenancy succession) what person is the statutory tenant of a dwelling house at any time after the death of a person who, immediately before his death, was either a protected or statutory tenant. The amendment ensures that a civil partner is given the same rights as a spouse.
761.Paragraph 3 amends Case 8 in Part 1 of Schedule 4 to the Rent (Northern Ireland) Order 1978 which sets out the grounds on which courts may make orders for possession of dwelling-houses let on or subject to protected or statutory tenancies. The amendment ensures that the civil partner of a landlord has the same rights as those of the landlord’s spouse.
762.Paragraph 4 amends Article 2A of the Housing (Northern Ireland) Order 1981 which provides a definition of the meaning of “member of a person’s family” for the purposes of the Order. This paragraph amends Article 2A to provide that a person is a member of a person’s family if he is the spouse or civil partner of that person, or if he and that person live together as husband and wife or as if they were civil partners. Paragraph 4 also amends Article 2A to provide that, for the purposes of Article 2A(1)(b), a relationship by marriage or civil partnership shall be treated as a relationship by blood.
763.Paragraph 5 amends Article 24(3) of the Housing (Northern Ireland) Order 1983 which provides a definition of a member of a person’s family for the purposes of Chapter 2 of Part 2 of the Order. This paragraph amends Article 24(3) to provide that a person is a member of another person’s family if he is the spouse or civil partner of that person, or if he and that person live together as husband and wife or as if they were civil partners. Paragraph 5 also provides that a relationship by marriage or civil partnership shall be treated as a relationship by blood.
764.Paragraph 6 deals with succession on the death of a tenant. It amends Article 26 of the Housing (Northern Ireland) Order 1983 which provides for qualified persons to succeed to a secure tenancy where the tenant dies. Article 26(2)(a) provides that a person is qualified to succeed to a such a tenancy if he occupied the dwelling as his only or principal home at the time of the tenant’s death and he is the tenant’s spouse. Article 26(3)(a) provides that where there is more than one person qualified to succeed the tenant, the tenant’s spouse is to be preferred to another member of the tenant’s family and Article 26 (4A) makes provision in respect of tenancies assigned under the Matrimonial Causes (Northern Ireland) Order 1978.
765.Paragraph 6 amends Article 26(2)(a) to provide that a person is qualified to succeed to a secure tenancy if he occupied the dwelling as his only or principal home at the time of the tenant’s death and he is the tenant’s spouse or civil partner and amends Article 26(3)(a) to provide that where there is more than one person qualified to succeed the tenant, the tenant’s spouse or civil partner is to be preferred to another member of the tenant’s family. Paragraph 6 also inserts a new Article 26 (4B) which makes provision in respect of tenancies assigned in pursuance of an order made under this Act.
766.Paragraph 7 amends Article 32 of the Housing (Northern Ireland) Order 1983 which provides, inter alia, that a secure tenancy is not capable of being assigned unless the assignment is made in pursuance of an order made under the Matrimonial Causes (Northern Ireland) Order 1978. This paragraph inserts a new Article 32(1)(aa) which provides that a secure tenancy can also be assigned if the assignment is made in pursuance of an order made under this Act.
767.Paragraph 8 amends Article 33(2)(a) of the Housing (Northern Ireland) Order 1983 which provides that where a secure tenancy is, on the death of the tenant, vested or otherwise disposed of in the course of the administration of the deceased tenant’s estate, the tenancy ceases to be a secure tenancy unless the vesting or other disposal is in pursuance of an order made under the Matrimonial Causes (Northern Ireland) Order 1978. This paragraph inserts a new Article 33(2)(aa) to provide that such a tenancy will not cease to be a secure tenancy if the vesting or other disposal is in pursuance of an order made under this Act.
768.Paragraph 9 makes provision in relation to subletting or assignments. It amends Article 94(2) of the Housing (Northern Ireland) Order 1983 which provides that certain protected tenancies are not capable of being assigned except in pursuance of an order made under the Matrimonial Causes (Northern Ireland) Order 1978. This paragraph amends Article 94(2) to ensure that such tenancies can also be assigned if the assignment is made in pursuance of an order made under this Act.
769.Paragraph 10 makes amendment to Schedule 3 to the Housing (Northern Ireland) Order 1983 which sets out the grounds on which the court may order possession of a secure tenancy.
770.Ground 2A, provides a ground for possession where a dwelling house is occupied by a married couple, or by a couple living together as husband and wife, and one partner leaves the dwelling house because of violence by the other partner. Paragraph 10 amends Ground 2A to provide a ground for possession where the occupants of such a dwelling are a married couple or a couple who are civil partners, or are a couple living together as husband and wife or living together as if they were civil partners.
771.Paragraph 11 amends Article 3 of the Housing (Northern Ireland) Order 2003 which provides a definition of the meaning of “member of a person’s family” for the purposes of the Order. The amendment provides that a person is a member of a person’s family if he is the spouse or civil partner of that person, or if he and that person live together as husband and wife or as if they were civil partners. Paragraph 11 also amends Article 3 to provide that, for the purposes of Article 3(1)(b), a relationship by marriage or civil partnership shall be treated as a relationship by blood.
772.Paragraph 12 amends Article 13 of the Housing (Northern Ireland) Order 2003 which provides that a person is qualified to succeed to an introductory tenancy if he occupied the dwelling as his only or principal home at the time of the tenant’s death and he is the tenant’s spouse. The amendment ensures that a tenant’s civil partner is given the same rights as a tenant’s spouse in relation to succession under an introductory tenancy.
773.Paragraph 13 amends Article 14 of the Housing (Northern Ireland) Order 2003 which sets out the circumstances where an introductory tenant is a successor to the tenancy. These circumstances include the assignment of the tenancy to the tenant under family law. This paragraph inserts a new Article 14(2)(d) which provides that an introductory tenant is a successor to the tenancy where the tenancy was assigned to the tenant in pursuance of certain orders under this Act.
774.Paragraph 14 makes amendment to Article 15 of the Housing (Northern Ireland) Order 2003 which provides for succession to an introductory tenancy where the tenant dies. Article 15(2) provides that where there is more than one person qualified to succeed the tenant, the tenant’s spouse is to be preferred to another member of the tenant’s family and Article 15 (3) makes provision in respect of tenancies vested or otherwise disposed of in pursuance of certain orders under family law. This paragraph amends Article 15(2) to provide that where there is more than one person qualified to succeed the tenant, the tenant’s spouse or civil partner is to be preferred to another member of the tenant’s family. It also inserts a new Article 15 (3)(a)(v) which makes provision in respect of tenancies vested or otherwise disposed of in pursuance of certain orders under this Act.
775.Paragraph 15 amends Article 16 of the Housing (Northern Ireland) Order 2003 which provides that an introductory tenancy is not capable of being assigned except in pursuance of certain orders under family law. This paragraph inserts a new Article 16(2)(a)(v) to provide that an introductory tenancy may be assigned in pursuance of certain orders under this Act.
776.Paragraph 16 amends Article 28 of the Housing (Northern Ireland) Order 2003 which provides definition of certain terms used in Part 3 of the Order. The term “partner” is defined as meaning a person’s spouse or a person other than a spouse with whom a person lives as husband and wife. This paragraph amends the definition of “partner” to include a civil partner in the same context as a spouse.