Civil Partnership Act 2004

Section 205

SCHEDULE 18Housing and tenancies: Northern Ireland

Rent (Northern Ireland) Order 1978 (S.I. 1978/1050 (N.I. 20))

1In Article 14 (extended discretion of court), in paragraph (2), after “spouse” (in both places) insert “or civil partner”.

2(1)Amend Schedule 1 (statutory tenants by succession) as follows.

(2)In paragraph 2, after “surviving spouse” insert “, or surviving civil partner,”.

(3)In paragraph 7, after “surviving spouse” insert “, or surviving civil partner,”.

3In Schedule 4 (grounds for possession), in Case 3 in Part 1 (dwelling-house required as residence for landlord or member of his family), in paragraph (d), for “wife or husband” substitute “spouse or civil partner”.

Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3))

4(1)Amend Article 2A (meaning of member of a person’s family) as follows.

(2)In paragraph (1)(a)—

(a)after “spouse” insert “or civil partner”, and

(b)after “live together as husband and wife” insert “or as if they were civil partners”.

(3)In paragraph (2)(a), after “a relationship by marriage” insert “or civil partnership”.

Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))

5(1)In Article 24 (interpretation), amend paragraph (3) (meaning of member of another’s family) as follows.

(2)After “spouse” insert “, civil partner”.

(3)After “marriage” insert “or civil partnership”.

(4)After “live together as husband and wife” insert “or as if they were civil partners”.

6(1)Amend Article 26 (succession on death of tenant) as follows.

(2)In paragraph (2)(a), after “spouse” insert “or civil partner”.

(3)In paragraph (3)(a), after “spouse” insert “or civil partner”.

(4)In paragraph (4), for “paragraph (4A)” substitute “paragraphs (4A) and (4B)”.

(5)After paragraph (4A) insert—

“(4B)A tenant to whom the tenancy was assigned in pursuance of an order under any of the following provisions of the Civil Partnership Act 2004—

(a)Part 2 of Schedule 15; or

(b)paragraph 9(2) or (3) of Schedule 17,

is a successor only if the other civil partner was a successor.”

7In Article 32 (assignments), in paragraph (1), after sub-paragraph (a) insert—

“(aa)the assignment is made in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or”.

8In Article 33 (other disposals), in paragraph (2), after sub-paragraph (a) insert—

“(aa)the vesting or other disposal is in pursuance of an order made under Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004; or”.

9In Article 94 (subletting or assignment), in paragraph (2), after “1978” insert “or Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004”.

10In Schedule 3 (grounds for possession of dwelling-houses let under secure tenancies), in Ground 2A—

(a)for “a married couple or” substitute “a married couple, a couple who are civil partners of each other”, and

(b)after “as husband and wife” insert “or a couple living together as if they were civil partners”.

Housing (Northern Ireland) Order 2003 (S.I. 2003/412 (N.I. 2))

11(1)Amend Article 3 (meaning of a person’s family) as follows.

(2)In paragraph (1)(a)—

(a)after “spouse” insert “or civil partner”, and

(b)after “live together as husband and wife” insert “or as if they were civil partners”.

(3)In paragraph (2)(a), after “a relationship by marriage” insert “or civil partnership”.

12In Article 13 (persons qualified to succeed tenant under an introductory tenancy), in paragraph (a), after “spouse” insert “or civil partner”.

13Article 14 (cases where tenant is a successor), in paragraph (2), after sub-paragraph (c) insert—

“(d)Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),”.

14(1)Amend Article 15 (persons qualified to succeed tenant under an introductory tenancy) as follows.

(2)In paragraph (2)(a), after “spouse” insert “or civil partner”.

(3)In paragraph (3)(a), after head (iv) insert—

“(v)Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),”.

15Article 16 (assignment in general prohibited), in paragraph (2)(a), after head (iv) insert—

“(v)Part 2 of Schedule 15, or paragraph 9(2) or (3) of Schedule 17, to the Civil Partnership Act 2004 (property adjustment orders in connection with civil partnership proceedings or after overseas dissolution of civil partnership, etc.),”.

16In Article 28 (interpretation of Part 3), in the definition of “partner”—

(a)after “spouse” (in both places) insert “or civil partner”, and

(b)after “husband or wife” insert “or as if they were civil partners”.