This article for the January 2022 Family Law Journal by Madeleine Whelan and Mark Galtrey (Falcon Chambers) examines the impact of Family Law Act 1996 applications on property rights from a landlord and occupier perspective. With particular emphasis on occupation orders and transfers of tenancy, this article hopes to establish the interplay between orders made in the family courts and their wider impact for housing and rent legislation. Particularly, from a private law perspective, how to make maximum use of FLA 1996 if looking to secure occupation of a property, or when to use the regime contained in TOLATA and the property courts for best results. With the use of case studies and public law comparisons, this deep dive looks at how housing and rent provisions exist in parallel with and intertwine into, the family courts and their remedies.
To read the full article, please click here.