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Transfer of Tenancy Applications on Relationship Breakdown under the Family Law Act 1996 Schedule 7: FPR Part 19 Procedure (England and Wales)

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Procedural Guide—transfer of tenancy on relationship breakdown (FLA 1996, Sch 7)

This Procedural Guide outlines the steps for applying to transfer a tenancy following a relationship breakdown under Schedule 7 to the Family Law Act 1996 (FLA 1996). Orders can be sought by spouses, civil partners, former spouses, former civil partners and former cohabitants, provided the tenancy is a relevant tenancy and the statutory requirements are fulfilled. For fuller practical direction, see Practice Notes: Tenancies and relationship breakdown—substantive provisions and Tenancies and relationship breakdown—procedure. This Procedural Guide covers applications under FLA 1996, Sch 7 only.

Certain tenancies may instead be transferred:

by a property adjustment order under section 24 of the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 equivalent (CPA 2004, Sch 5 Pt 2);
in proceedings for financial provision after an overseas divorce, etc; or
by a transfer of property order under Schedule 1 to the Children Act 1989.

See: Transfer via a property adjustment order—spouses and civil partners and Transfer of tenancy via Schedule 1 to the Children Act 1989—cases involving minor children. See also: Procedural guide—applications for a financial remedy: application to first appointment (standard procedure) and Procedural guide—applications under Schedule 1 to the Children Act 1989...

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Web page updated on 26/05/2026

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