FRJ stage

Transfer of Tenancy

Tousi v Gaydukova [2024] EWCA Civ 203

https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/203 McFarlane P, Moylan and Holroyde LJJ. Are the parties to a void marriage able to apply for a transfer of tenancy as cohabitants, and does the lex loci celebrationis determine the ramifications of invalidity? Appeal from the decision of Mostyn J

Non-disclosure, Occupation Orders and Transfers of Tenancy

Non-disclosure, Occupation Orders and Transfers of Tenancy

When a couple separates, either party may be able to apply for one or both of two powerful property-focused remedies. The first is an occupation order. This regulates occupation of a family home, permitting (perhaps with conditions) occupation by one or both parties and restricting, prohibiting and perhaps terminating occupation

Tousi v Gayukova [2023] EWHC 404 (Fam)

https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/404 Mostyn J. Does the court have jurisdiction to transfer a (housing association) tenancy between the parties to an invalid marriage? Do the consequences of invalidity fall to be determined under the law of the country of marriage, or only whether the