36 One cohabitant or former cohabitant with no existing right to occupy
Family Law Act 1996 (1996 c 27) | Legislation

36  One cohabitant or former cohabitant with no existing right to occupy

(1)     This section applies if—

(a)     one cohabitant or former cohabitant is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation;

(b)     the other cohabitant or former cohabitant is not so entitled; and

(c)     that dwelling-house is the home in which they [cohabit or a home in which they at any time cohabited or intended to cohabit].

(2)     The cohabitant or former cohabitant not so entitled may apply to the court for an order under this section against the other cohabitant or former cohabitant (“the respondent”).

(3)     If the applicant is in occupation, an order under this section must contain provision—

(a)     giving the applicant the right not to be evicted or excluded from the dwelling-house or any part of it by the respondent for the period specified in the order; and

(b)     prohibiting the respondent from evicting or excluding the applicant during that period.

(4)     If the applicant is not in occupation, an order under this section must contain provision—

(a)     giving the applicant the

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