A court can order one contract holder to be granted the full occupation contract following relationship breakdown and this can be requested by one party of the joint contract. That individual will apply to the court directly, and will be responsible for gathering all evidence required. They will be requested to provide the landlord with notification of the intention to remove the joint contract holder, but you will be unable to remove to the joint contract holder form the system until the court order is provided.
Under what circumstances can a Court Order be made?
Courts can order an occupation contract be transferred under the RHW Act Section 251: Family Property Order:
For the purposes of this Act a family property order is an order under—
- section 24 of the Matrimonial Causes Act 1973 (c. 18) (property adjustment orders in connection with matrimonial proceedings),
- section 17 or 22 of the Matrimonial and Family Proceedings Act 1984 (c. 42) (property adjustment orders after overseas divorce),
- paragraph 1 of Schedule 1 to the Children Act 1989 (c. 41) (orders for financial relief against parents),
- Schedule 7 to the Family Law Act 1996 (c. 27) (transfer of Occupation Contracts on divorce or separation),
- Part 2 of Schedule 5 to the Civil Partnership Act 2004 (c. 33) (property adjustment orders in connection with civil partnership), or
- paragraph 9 or 13 of Schedule 7 to that Act (property adjustment orders etc. on overseas dissolution of civil partnership).
An order under Schedule 1 to the Matrimonial Homes Act 1983 (c. 19) (as it continues to have effect because of Schedule 9 to the Family Law Act 1996) is also a family property order.
The court will decide which party is assigned the occupation contract, can give an order if the contract is in rent arrears and the transfer will be effective from the date on the court order.
Will the court ask our opinion before granting an order?
The court should provide an opportunity for us to submit reasons as to why an occupation contract should not be transferred to a requesting contract holder before granting any order.
When requested, a report with your recommendations should be submitted considering the rent account, any known issues with domestic violence, the general conduct of the contract and whether there are children in residency and if so, if they are in the sole care of either joint contract holder.
What do I do if the court grants an order?
On receipt of a court order for sole occupation contract, before completing the relevant paperwork check:
- All contract holders are aware of the court order
- The contract holder obtaining the sole contract understands their responsibilities
- Any support needs are sign posted, referred or whether support is already in plac
A letter confirming the removal of the joint contract holder as per the order should be issued to the remaining sole contract holder, and notification of the change sent to rent accounts via the TMI.
The name on the Documotive system will need to be changed and the court order should be scanned onto the Documotive file.