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Tenancies (Transfer)

Volume 15: debated on Monday 14 December 1981

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asked the Secretary of State for the Environment if he will issue guidance to housing authorities about the transfer of tenancies where one partner in a joint tenancy has been excluded under the Domestic Violence and Matrimonial Proceedings Act 1976.

No. The great majority of public sector tenancies are, under the Housing Act 1980, secure tenancies. Housing authorities have no power to transfer such tenancies from joint names to one name, although the courts, under section 24 of the Matrimonial Causes Act 1973, may order such a transfer.

asked the Secretary of State for the Environment if he will introduce legislation to remedy the apparent contradictions between the provisions of the Housing Act 1980 and the Domestic Violence and Matrimonial Proceedings Act 1976 in cases where one partner in a joint council tenancy has been excluded from the dwelling under the provisions of the Domestic Violence and Matrimonial Proceedings Act.