Conduct relevant to tenancy transfer

Lake v Lake CA TLR 16 August

Although the conduct of a party is specified for consideration when dealing with an application for an occupation order under s33(6) of the Family Law Act 1996, conduct is not one of the three heads defined in paragraph 5 of Schedule 7 in respect of the transfer of tenancies on divorce. The court held that it would run counter to all good sense to exclude consideration of conduct in an application for a transfer of tenancy. The judge has to make a balanced and fair decision as to which of the parties should have the benefit of the tenancy following the dissolution of the marriage. Judges were to exercise what would often be a finely balanced discretion under Schedule 7. It was extremely important to look at the case in the round and have regard to all the circumstances.