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Housing Act 1957

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73Recovery of possession of building subject to demolition order under Part III

(1)Where a demolition order under the foregoing provisions of this Part of this Act has become operative, the local authority shall serve on the occupier of any building, or any part of any building, to which the order relates a notice—

(a)stating the effect of the order,

(b)specifying the date by which the order requires the building to be vacated, and

(c)requiring him to quit the building before the said date or before the expiration of twenty-eight days from the service of the notice, whichever may be the later.

(2)If at any time after the date on which the notice requires the building to be vacated any person is in occupation of the building, or of any part thereof, the local authority or any owner of a building may make complaint to a magistrates' court and thereupon the court shall by its warrant in the form set out in the Schedule to the Small Tenements Recovery Act, 1838, or in a form to the like effect, order vacant possession of the building, or of the part thereof, to be given to the complainant within such period not being less than two weeks nor more than four weeks as the court may determine.

(3)Any person who, knowing that a demolition order under this Part of this Act has become operative and applies to any building, enters into occupation of that building, or of any part thereof, after the date by which the order requires that building to be vacated, or permits any other person to enter into such occupation after that date, shall be liable on summary conviction to a fine not exceeding twenty pounds and to a further fine of five pounds for every day, or part of a day, on which the occupation continues after conviction.

(4)Nothing in the Rent Acts shall be deemed to affect the provisions of this section relating to the obtaining possession of a building.

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