Civil partner tenants and the court regulation of occupancy rights

An order restricting the rights of the civil partner may seek to prevent one of the civil partners inviting certain people into the family home, for example, a new partner. A court order regulating how civil partners utilise their occupancy rights could even result in them using parts of the accommodation at different times. [1]

When considering whether to make an order the court will have regard to:

• the conduct of the partners

• the respective needs and financial resources of the partners

• the needs of any child of the family

• whether the entitled partner has offered to provide the non-entitled partner with alternative accommodation. [2]

An order cannot be made if it would exclude one of the partners from the family home. [3] An application must be made for an exclusion order before a civil partner can be prevented from entering and living in the family home.

In a situation where, for example, one civil partner is harassing the other in an attempt to make her/him leave, the harassed civil partner can apply to the court for an order declaring his occupancy rights. [4] Similarly the court can make an order enforcing a civil partner's occupancy rights if the other civil partner has ejected her/him from the property. [5] At the same time as applying for an order enforcing her/his occupancy rights, the harassed partner can apply for an order excluding the other partner from the family home. [6]

If it appears to the court that the partner who has applied for a court order (the applicant partner), has suffered a loss of occupancy rights or that her/his occupation of the family home has been impaired as a result of a deliberate action or failure to do something on the part of the other partner (the non-applicant partner), the court can order the non-applicant partner to pay the applicant partner a sum of compensation. [7]

Prior to an order being granted the court can grant an interim order regarding occupancy rights. The non-applicant partner who did not make the application for the order must be given the opportunity to be heard in court before the interim order can be granted. [8]

Any order made by the court regulating occupancy rights will cease to have effect:

• on the dissolution of the civil partnership

• when the entitled partner ceases to be an entitled partner (unless s/he has entered into a dealing without the non-entitled partner's consent). For example, the entitled partner would cease to be an entitled partner if her/his tenancy is terminated following an order for eviction.

• where both partners cease to be entitled partners. [9]