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Housing Act 1974

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This is the original version (as it was originally enacted).

Schedule 9Provisions to be Substituted for Subsection (1) of Section 60 of the Housing Act 1957

(1)Where a house is made the subject of a compulsory purchase order under this Part of this Act as being unfit for human habitation or is made the subject of a clearance order, then not later than the date or, if there is more than one, the last date on which they served a notice of the effect of the order under paragraph 2(1)(b) of Schedule 3 or, as the case may be, paragraph 3(1)(b) of Schedule 5 to this Act, the local authority shall—

(a)serve on every owner, lessee, mortgagee and occupier of the house, so far as it is reasonably practicable to ascertain those persons, a notification under subsection (1A) of this section with respect to the house ; and

(b)in the case of a house falling within subsection (2) of section 67 of the Housing Act 1969 (houses comprising more than one dwelling or occupied partly for the purposes of a dwelling and partly for other purposes), serve on every owner, lessee, mortgagee and occupier of each dwelling in the house, so far as it is reasonably practicable to ascertain those persons, a notification under subsection (1A) of this section with respect to that dwelling.

(1A)The notification referred to in subsection (1) of this section shall be in the prescribed form and shall state that the local authority are satisfied—

(a)that, in the case of a house which does not fall within subsection (1) or subsection (2) of section 67 of the Housing Act 1969 (payments in respect of partially well maintained houses or parts of buildings), both the interior and the exterior of the house have been well maintained ; or

(b)that, in the case of a house which, apart from section 67 of the Housing Act 1969, would not be treated as well maintained for the purposes of this section, either the exterior or the interior of the house has been well maintained ; or

(c)that, in the case of a house falling within subsection (2) of the said section 67, the exterior, as defined in that subsection, has been well maintained ; or

(d)that, in the case of any such dwelling as falls within subsection (2) of the said section 67, the interior of the dwelling has been well maintained ; or

(e)that no part of the house or dwelling in respect of which a payment might otherwise be made under this section has been well maintained.

(1B)Any notification stating that a local authority are satisfied—

(a)as mentioned in paragraph (b) of subsection (1A) of this section shall also state the reasons why the local authority are not satisfied that the interior or, as the case may be, the exterior of the house concerned has been well maintained ;

(b)as mentioned in paragraph (e) of that subsection shall also state the reasons why the local authority are satisfied that no part of the house or dwelling in respect of which a payment might otherwise be made under this section has been well maintained.

(1C)Where a local authority have served a notification under subsection (1A) above, other than a notification falling within paragraph (e) thereof, and the house or dwelling to which the notification relates is included in the compulsory purchase order or clearance order as confirmed by the Secretary of State and, in the case of a compulsory purchase order, is so included as being unfit for human habitation, then, according to the nature of the notification, the local authority shall make a payment under this section in respect of the house or dwelling, namely—

(a)in the case of a notification falling within paragraph (a) of that subsection, a payment of such amount, if any, as is ascertained in accordance with Part I of Schedule 2 to this Act; and

(b)in the case of any other notification, a payment of one-half of the amount, if any, so ascertained.

(1D)If, in the case of a notification to which subsection (1B) of this section applies, any owner, lessee, mortgagee or occupier of the house or dwelling to which the notification relates is aggrieved at the decision of the local authority that they are not satisfied as mentioned in paragraph (a) or paragraph (b) of that subsection and makes written representation to that effect to the Secretary of State—

(a)in the prescribed manner, and

(b)within the period within which an objection may be made to the compulsory purchase order or clearance order concerned,

the Secretary of State may, if he thinks it appropriate to do so and (if he considers it necessary) after causing the house or dwelling concerned to be inspected by an officer of his department, give directions for the making by the local authority of a payment (or, as the case may be, a further payment) in respect of the house or dwelling concerned of such amount, if any, as is ascertained in accordance with Part I of Schedule 2 to this Act or, as the case may require, of one-half of that amount.

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