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Housing Act 1964

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This is the original version (as it was originally enacted).

78Periodical payments to dispossessed proprietor

(1)In respect of the period during which the control order is in force the local authority shall be liable to pay to the dispossessed proprietor compensation at an annual rate of an amount equal to one half of the gross value for rating purposes of the house as shown in the valuation list on the date when the control order comes into force.

(2)Compensation due under this section shall be payable by quarterly instalments, the first instalment being payable three months after the date when the control order comes into force.

(3)Compensation under this section is to be considered as accruing due from day to day and shall be apportionable in respect of time accordingly.

(4)If at the time when compensation under this section accrues due the estate or interest of the dispossessed proprietor is subject to any mortgage or charge, the compensation shall be deemed to be comprised in that mortgage or charge.

(5)For the purposes of the references in this section to the gross value of the house—

(a)where after the date on which the control order comes into force the valuation list is altered so as to vary the gross value of the house, or of the hereditament of which the house forms part, and the alteration has effect from a date not later than the date on which the control order comes into force, compensation shall be payable under this section as if the gross value of the house or hereditament shown in the valuation list on the date when the control order came into force had been the amount of that value shown in the list as altered, and

(b)if the house forms part only of a hereditament, such proportion of the gross value shown in the valuation list for that hereditament as may be agreed in writing between the local authority and the person claiming the compensation shall be the gross value of the house, and

(c)if the house consists of or forms part of more than one hereditament, the gross value shall be ascertained by determining the gross value of each hereditament or part as if it were a separate house and aggregating the gross values so determined,

and if any dispute arises under paragraph (b) of this subsection, the local authority or the person claiming the compensation may by means of a reference in writing submit the dispute for decision by a valuation officer appointed under the enactments relating to rating.

(6)In this Part of this Act, " dispossessed proprietor " means the person by whom the rents or other periodical payments to which the local authority become entitled on the coming into force of the control order would have been receivable but for the making of the control order, and the successors in title of that person; and if different persons are the dispossessed proprietors of different parts of the house, compensation payable under this section shall be apportioned between them in such manner as they may agree (or as may, in default of agreement, and on a reference in writing, be determined by a valuation officer appointed under the enactments relating to rating) according to the proportions of the gross value of the house properly attributable to the parts of the house in which they are respectively interested.

(7)This section shall apply to Scotland subject to the following modifications:—

(a)for the references to gross value, to the valuation list and to a hereditament there shall be substituted respectively references to gross annual value, to the valuation roll and to lands and heritages ;

(b)in subsection (5), paragraph (c) shall not apply, and for the words from " and if any dispute " to the end there shall be substituted the words

and any dispute arising under paragraph (b) of this subsection shall be determined by the sheriff on the application of either party;

(c)in subsection (6), for the words " and on a reference in writing be determined by a valuation officer appointed under the enactments relating to rating " there shall be substituted the words

be determined by the sheriff on the application of any of such persons.

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