Occupation orders — when someone must leave the home

REVIEWED BY: Sean McNamara on 2026-08-28

What an occupation order does

An occupation order (Family Law Act 1996 Part IV) regulates who may occupy the family home. It can: regulate a person's right to occupy, require someone to leave the home, or restrict entry to parts of it. It can also control who can enter the surrounding area. It is made on the FL401-B form as part of the FL401 application.

The balance-of-harm test

The court's key decision tool is a balance of harm: it compares the s.33(7) factors and applies the statutory test — if it is likely that significant harm will be suffered by the applicant or a relevant child unless the order is made, the court MUST make an order, subject to the s.33(6) balance. Practically, the court weighs:

The parties' housing needs and resources
The financial resources of each
The likely effect on any children
Harm (or risk of significant harm) to the applicant or any child

A case where an applicant would suffer greater harm without the order than the respondent with it strongly favours the order.

Who can apply

Occupation orders are not just for partners. "Associated persons" can apply, including:

Cohabitees (whether or not intimate) sharing a household
Relatives (parents, children, siblings, grandparents, in-laws)
A party who has a child with the respondent
Same-sex partners and former partners

Homeless or not, the applicant must have a home rights/entitlement or a genuine need to regulate occupation. The applicant does not need to be on the title/joint tenant.

Urgent vs non-urgent

Urgent/without notice: where there is risk of significant harm or imminent danger, the court can grant an occupation order without notice, effective at once, before a return hearing
Non-urgent: made at a full (on-notice) hearing, sometimes after a fact-finding of abuse

Housing consequences

An occupation order does not re-house anyone — it regulates who occupies now
The removed party becomes homeless-eligible; the staying party may need a possession claim/first-right-to-occupy protections
Legal aid through the abuse gateway can fund it (see our gateway guide)

Enforcement

Occupation orders can carry a power of arrest on breach (FL401 orders commonly do and are enforceable with the police)
Breach = contempt of court (and can be a criminal offence depending on the underlying conduct) — call 999 for an immediate breach of a power-of-arrest order
A non-molestation order (FL401-A) often runs alongside to cover contact/harassment (see our non-molestation guide)

Safety first

If you're reading this because you're in danger: 999 now, use a safe device (calls/ browsing can be monitored), and call the Refuge helpline 0808 2000 247 24/7. Your safety precedes every legal detail.

Official links

FLA 1996 Part IV: https://www.legislation.gov.uk/ukpga/1996/27/part/IV
Injunctions & orders: https://www.gov.uk/injunction-domestic-violence

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.