HL Deb 14 October 1981 vol 424 c403

132 Page 19, line 41, at end insert— (4A) Nothing in this section shall prejudice the rights of any third party having an interest in the house referred to in subsection (1) above.".

The Earl of Mansfield

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 132. This amendment will ensure that the existence of an occupancy right arising from a court order will not prevent a third party from securing their legitimate interests in respect of the house. For instance, a building society should be able to recover possession of the house in the event of the mortgage repayments not being made, regardless of the non-entitled partner's occupancy right.

Moved, That this House doth agree with the Commons in the said amendment.—(The Earl of Mansfield.)

On Question, Motion agreed to.