Occupation order meaning

Procedural Guide This Procedural Guide outlines the procedure for seeking an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It explains who is eligible to apply, the court’s evaluative criteria, and the additional requirements for without notice (ex parte) applications, together with rules on service, the approach to undertakings, and the availability of a power of arrest. It also addresses how long an order may run, how to draft the order, and the standard order 10.2—occupation order. An occupation order is an order under FLA 1996, Pt IV that primarily determines who has the right to occupy a property. The court may declare, confer, or regulate occupation rights in the family home as between family members or those in a domestic relationship. FLA 1996 identifies five scenarios in which the court may issue an occupation order; namely FLA 1996, ss 33, 35, 36, 37 and 38. Each of those provisions specifies who may bring the application, the scope of the court’s powers, and the...

Opposed business lease renewal—flowchart This flowchart outlines the process for an opposed renewal of a business lease under the Landlord and Tenant Act 1954 (LTA 1954). It covers timing for service of an opposed section 25 notice, or a section 26 request counter-notice identifying the ground(s) of opposition under LTA 1954, s 30(1), the commencement of opposed proceedings, filing statements of case, and the court’s ultimate order—termination or grant of a new lease, or discontinuance or dismissal of the claim If the tenant remains in occupation for business purposes after the contractual term ends, the lease continues automatically, provided the conditions in LTA 1954, s 23 are met Either party may end the statutory protection under the existing lease by serving a termination notice: landlord’s section 25 notice; tenant’s section 26 request; section 27 notice. This flowchart addresses opposed renewals only. For the unopposed renewal route, see: Unopposed lease renewal procedure—flowchart. Note 1: Diarise a date at least 12–18...

In this issue: Property management Investigating title Environment, energy and buildings Residential property Statutory compliance Property in Scotland Property in Wales Transferring property Property insolvency Property taxes Additional property updates this week Daily and weekly news alerts Trackers New Q&As Property management Second edition of RICS service charge standard The Royal Institution of Chartered Surveyors (RICS) has released the second edition of its professional standard on service charges in commercial property. Compulsory for all RICS-accredited practitioners and aimed at UK property managers and occupiers, it seeks to lift standards and foster greater transparency, fairness and consistency in service charge management and administration. The revision addresses key challenges, including issuing budgets and year-end certificates promptly, works to reduce causes of disputes between landlords and tenants, and offers clearer guidance on resolving disagreements. It also aids the negotiation, drafting, interpretation and operation of leases, ensuring alignment with recognised industry best practice....

In this issue: Residential property HM Land Registry updates Practice Guide 11 and form CNG Leasing property Property development Insurance Property taxes Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Residential property No rent repayment order where sub-tenancies took effect as assignment In Kumar v Kolev [2024] UKUT 255 (LC), [2024] All ER (D) 01 (Sep), the Upper Tribunal (Lands Chamber) (UT) upheld the appellant K’s challenge to a First-tier Tribunal (Property Chamber) (FTT) decision that had made a rent repayment order (RRO) under section 40 of the Housing and Planning Act 2016 in favour of three respondents. That order required K to reimburse them for their occupation of an unlicensed house in multiple occupation (HMO). K had granted a lease of the whole dwelling to a company, LML, on a ‘rent to rent’ arrangement; LML then issued sub-tenancies of individual rooms...

See Q&A: See Q&A: The estate included assets qualifying for agricultural property relief (APR) and/or business property relief (BPR), directed by the Will to be held on discretionary trust. Two years have elapsed since death and the trustees are looking to appoint property out of the trust, but are wary of exit charges. Will APR still be available on an exit if, during the two-year period, the trustees have owned/occupied the agricultural land, even though only one of the three trustees has been actively engaged in farming operations? How should the analysis then differ, where business property relief is also in point?...

This Practice Note outlines the options open to landowners faced with unlawful occupation by a trespasser or squatter, the issues that can follow from trespass, and the potential measures the owner may pursue, including physical repossession. It considers the Criminal Law Act 1977 (CLA 1977) and the exception for displaced residential occupiers, the use of police powers to arrest where suitable, the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions, and damages, including the negotiating damages approach, mesne profits, exemplary and aggravated damages, anticipated damages, and res judicata defences. The ways a landowner can recover possession from a trespasser include: physical repossession arrest of the trespasser by the police for a criminal offence injunction possession claim (including a claim for an interim possession order) Beyond the remedies available to recover possession, a landowner may also claim damages for the trespass. Such claims may involve negotiating damages,...

This Practice Note discusses the sanctions in place for those who do not comply with the houses in multiple occupation (HMOs) licensing regime It outlines criminal offences arising from breaches and describes the sanctions available for HMO contraventions, including failures to obtain a licence, non-compliance with licence conditions, or acting in defiance of a banning order. Potential measures include: interim management orders (IMOs) final management orders (FMOs) rent repayment orders (RROs) financial penalties banning orders The Note also summarises how sanctions are pursued and the routes to appeal. Responsibility for enforcing the HMO licensing system sits with the local housing authority (LHA) for the area where the HMO is located. See Practice Notes: Houses in multiple occupation (HMOs) and Houses in multiple occupation (HMOs)—applying for a licence. A range of licensing infringements can attract civil or criminal consequences. The LHA has discretion over the enforcement approach. It must adopt an enforcement policy and ensure that it follows that policy...

This Practice Note outlines how to apply for an occupation order under Part IV of the Family Law Act 1996 (FLA 1996). It covers availability of legal aid and sets out the extra criteria for without notice applications, the requirements for service, and the position on undertakings and attaching a power of arrest. It also addresses how to draft the order, including use of Standard order 10.2—occupation order. Applications An occupation order under FLA 1996, Pt IV confers, declares, restricts, or regulates occupation rights in the family home between individuals who are, or have been, within specified relationship categories. Applications proceed in accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10, together with Practice Direction FPR 2010, PD 10A. Frequently, an occupation order application is issued alongside a non-molestation order application. A non-molestation order restrains the respondent from molesting an associated person and/or a relevant child. See Practice Note: Non-molestation orders. On 17 December 2025, the President of...

This overview offers general guidance on injunctions in the family courts to protect against domestic abuse. Your family lawyer can provide specific advice tailored to your situation. Family homes and domestic abuse If you are facing violence, threats or intimidation, you can apply to the family courts for an injunction to help protect you. There are two types of injunction: a non-molestation order, and an occupation order What is a non-molestation order? A non-molestation order restrains your partner or spouse from using or threatening violence against you or your children, or from intimidating, harassing or pestering you. It can include detailed provisions tailored to the particular behaviour affecting you. Who can apply? To seek a non-molestation order you must be an associated person, as defined in the relevant legislation. This includes current and former spouses, civil partners and cohabitants, as well as fiancé(e)s, relatives, people living in the same household, the parents of children in the home, and...

At the Family Court convened at [ Court name ] Case Number: [ Case number ] Occupation Order under the Family Law Act 1996. Full name(s) of the child(ren), Boy or Girl. Date(s) of birth: [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ]. Before [ name of judge ], heard in private on [ date ] at a [ type of hearing ]. Important notice to the respondent, [ RESPONDENT name ] of [ RESPONDENT address ]. You are required to comply with this order. Please read it very carefully. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre, or the Citizens Advice Bureau. You are entitled to ask the court to vary or discharge the order. Warning: Alternatively, if you breach this order, you MAY BE FOUND TO BE IN contempt of court and you could be IMPRISONED, fined, or have your assets taken...

Submitted on behalf of the Respondent/Defendant [ insert initials and surname of deponent ] Affidavit number: [ insert the sequence of this affidavit for that deponent, e.g. first ] Exhibits: [ insert identifying initials and the number of each exhibit mentioned ] Date: [ insert date sworn or affirmed ] Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY ] Between: [ insert name ] Applicant/Claimant and [ insert name ] Respondent/Defendant [ insert number of affidavit, e.g. FIRST ] AFFIDAVIT of [ insert full name of deponent ] [ On behalf of the Respondent/Defendant ] I, [ insert full name of deponent ], [ [ insert job title ] at [ insert name of employer ], of [ insert work address ] OR of [ insert residential address ] ], [ STATE...

Under Part II of the Landlord and Tenant Act 1954 (LTA 1954), security of tenure covers most business leases, save where the parties have ‘contracted out’ of those rights. Section 38A of the LTA 1954 permits landlord and tenant to agree that security of tenure will not apply. To make the agreement effective, the parties must comply with the contracting-out process specified in LTA 1954, s 38A(3) and Regulatory Reform (Business Tenancies) (England & Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2...

If the local authority obtains an Interim Management Order (IMO), the authority: is entitled to take possession of the property, as necessary, (subject to the rights of current occupiers) may carry out, where appropriate, and authorise a manager or another person to carry out, in connection with the property anything that a person with an estate or interest would, but for the order, be entitled to do Comparable powers also apply equally where a Final Management Order (FMO) has been made (see section 116(3) of the Housing Act 2004 (HA 2004))...

This Q&A considers the requirements in order to serve a valid section 21 notice pursuant to the Housing Act 1988 in circumstances where a six-month fixed term tenancy commenced in 2013 and, thereafter, became a statutory periodic tenancy. The obligations to be complied with when giving a section 21 notice to a tenant became markedly more onerous in practice following the coming into force of the Deregulation Act 2015 (DA 2015) together with the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646. Notably, DA 2015 stipulates that, for any tenancy starting on or after 1 October 2015 (renewals included), the landlord must supply the tenant with an energy performance certificate and a gas safety certificate before the tenancy begins as a prerequisite. On the face of it, the landlord here arguably appears able to issue a valid section 21 notice, given that the fixed term ended before 2015 and therefore preceded the 2015 requirements...