Occupation and Tenancy Orders

(1) Where the Court makes an Order under section 5 (1) of this Act which– (a) directs that the respondent vacate any place or residence; (b) directs that the respondent return to the applicant specified personal property in the respondent’s possession or control; or (c) directs that the respondent pay the rent or mortgage, or a portion of the rent or mortgage of any place or residence referred to in paragraph (c)(iv) of sub-section (1) of this section the Court may, in the same Order, if it thinks it necessary and notwithstanding any other law, direct a police officer to remove the respondent either immediately or within a specified time from the said place or residence, or to accompany the applicant, as the case may be, either immediately or within a specified time, to the said place or residence in order to supervise the removal of property belonging to the applicant and to ensure the protection of the applicant and any other person on the place or residence. (2) Where an agreement, including a mortgage or a lease of premises provides that, if the respondent ceases to reside in his place of residence, a person may take action that would be prejudicial to the interests of the respondent or a member of the respondent’s family, the person is not entitled to take that action if the respondent ceases to reside in the place of residence in compliance with an Order made under this Part. 20 (3) Where the Court is satisfied on evidence before it that an agreement referred to in sub-section (2) of this section exists in relation to the respondent, the Court shall, at the time of making an Order, direct that a copy of the Order be sent to the person referred to in sub-section (2) of this section by the Clerk of the Court. (4) An Occupation Order shall grant the applicant the right to live in the household residence or any other premises forming part of the household residence for such period and on such terms and subject to such conditions as the Court thinks fit. (5) A copy of an Occupation Order shall be served on the respondent by a police officer or a bailiff and the court may, at its discretion, receive proof of such evidence by affidavit in Form 6 prescribed in Schedule II. Schedule II. (6) Where the household residence in respect of which an application is made is being rented, the Court may make a Tenancy Order, ordering the respondent to continue paying the rent so long as the Tenancy Order remains in force and directing the applicant to continue residing in the household residence for such period and on such terms and subject to such conditions as the Court thinks fit. (7) Where an Occupation Order or a Tenancy Order is made, the person for whose benefit the Order is made shall be entitled, to the exclusion of the respondent, personally to occupy the household residence or any premises on the household residence to which the Order relates, for the period specified in the Order. (8) On or after making an Occupation Order or a Tenancy Order the Court may, subject to sub-section (9) of this section, make an Order granting to the applicant the use, for such period and on such terms and subject to such conditions as the Court thinks fit, of all or any of the following, namely21 (a) furniture; (b) household appliances; and (c) household effects; in the household residence or other premises to which the Order relates. (9) Notwithstanding sub-section (8) of this section, an Order under that sub-section shall continue in force for a period of six months unless the Court otherwise directs, but in any event, shall expire if the Order made in relation to the household residence expires or is otherwise discharged by the