38 Neither cohabitant or former cohabitant entitled to occupy

38  Neither cohabitant or former cohabitant entitled to occupy

(1)     This section applies if—

(a)     one cohabitant or former cohabitant and the other cohabitant or former cohabitant occupy a dwelling-house which is the home in which they [cohabit or cohabited]; but

(b)     neither of them is entitled to remain in occupation—

(i)     by virtue of a beneficial estate or interest or contract; or

(ii)     by virtue of any enactment giving him the right to remain in occupation.

(2)     Either of the parties may apply to the court for an order against the other under this section.

(3)

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