§ 4A. Where the spouse is entitled to occupy the dwelling house by virtue of a statutory tenancy within the meaning of the Housing Act 1988, the court may by order direct that, as from such date as may be specified in the order, that spouse shall cease to he entitled to occupy the dwelling house and that the other spouse shall be deemed to he the tenant or, as the case may be, the sole tenant under that statutory tenancy.".".
§ The amendment is sponsored by the Shelter Housing Advisory Committee and the One Parent Family Association. The Bill as it stands is confusing and does not give legal powers for the transfer of assured joint tenancies on the break-up of a marriage following divorce. As hon. Members are probably aware, if a marriage breaks up and ends in divorce it is possible for one of the partners to apply for the tenancy to be transferred directly into one person's name. Unfortunately, the Bill does not give the legal powers to the courts to enable them to transfer what was a joint assured tenancy to one of the partners when the property is settled and the divorce is agreed.
I understand that in the discussions between the Under-Secretary of State and the organisations that I have mentioned, an assurance was given that an amendment would be placed before the House to change this situation. I shall say no more about the amendment, because I should like to hear what the Under-Secretary of State has to say.
§ Mrs. RoeWe gave assurances in Committee that we would bring forward amendments to the Matrimonial Homes Act 1983. Those assurances still apply. The amendments, which we shall introduce in another place, will have the same intention as the amendment moved by the hon. Lady. They will extend the scope of the Act to assured tenancies so that, in the event of a divorce, judicial separation or decree of nullity, the courts may allocate an assured as part of the settlement. They will also cover assured agricultural occupancies, which the hon. Lady's amendment does not. We do not think that it will be necessary to introduce a consequential amendment along the lines of paragraph 11 of the amendment since a statutory periodic assured tenancy, unlike a statutory tenancy under the Rent Act 1977, is a true tenancy and not a personal right of occupation.
I hope that the hon. Lady will accept my assurances that we have these amendments in hand and will withdraw her amendment.
§ Ms. PrimaroloWe look forward to seeing the amendments coming before the House, and in view of the Under-Secretary of State's comments, I beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.
§ Amendments made: No. 244, in page 117, line 30 leave out from beginning to end of line 21 on page 118.
§
No 62, in page, 118, line 23 at beginning insert—
'(1) In section 5 of the Landlord and Tenant Act 1985 (information to be contained in rent books), in subsection
123
(1)(b) after the word "tenancy" there shall be inserted "or let on an assured tenancy within the meaning of Part I of the Housing Act 1988".
(2) In subsection (2) of that section after the word "tenancy" there shall be added "or let on an assured tenancy within the meaning of Part I of the Housing Act 1988".'
§
No. 79, in page 118, line 23 leave out
`the Landlord and Tenant Act 1985'
and insert 'that Act'.
§
No. 63, in page 118, line 39 leave out
`Chapter I or Chapter III of'.
§ No. 245, in page 118, line 39, at end insert—