S 38: current/former cohab where neither are entitled to occupy

Question 1

who is eligible to apply for a S 38 order?

Answer 1

the applicant must be the current or former cohab of the R and neither can be entitled to occupy the home

Question 2

under which section can an order be made

Answer 2

S 38(3)

Question 3

What will the applicant be able to get

Answer 3

there is not need to grant an inster order be eligible for an ouster order

Question 4

What shall the courts consider in making an order

Answer 4

the courts shall consider S 38(4) checklist and the balance of harm test S 38(5)

Question 5

What happens if the balance of harm test is satisfied

Answer 5

the court retains discretion as regards to granting an order

Question 6

How long can an order be made for

Answer 6

S 38(6) duration of six months with one six month extension period