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Question Title: Matrimonial Rights
| Question: 254 |
| We have just been notified that one of our tenants has been ordered out of a property as his wife has started divorce proceedings - I don't know the details but am concerned as the remaining tenant (the wife) was not included on the tenancy agreement and we did not take references on her. References were only taken on the departing husband. It is likely that the wife will need help with her rent payment and we as a rule do not accept housing benefit recipients. Can I bring the tenancy to an end. There are still eight months left to run?
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| Answer: |
| No - it is likely that you must allow the fixed term to continue You will then be able to take possession at the end of the fixed term. The Family Law Act 1996 introduced the concept of matrimonial homes rights. Section 30 of the Act provides that a spouse who is not a tenant has certain rights as against the landlord, one of which provides that occupation by the wife is to treated as occupation by the husband for the purposes of Part I of the Housing Act 1988. As the tenancy is continuing, the husband remains liable for the rent. (Griffiths v. Renfree, 1989) In any possession action against the husband the wife should be joined as a party. Also, this case highlights the reason why it is important to have the names of all occupiers on the tenancy agreement.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Apr 2000 page 30 |
letting-update-journal.html
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Letting Handbook |
Chapter 5 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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