C7C8C9PART IX SLUM CLEARANCE
Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Demolition or closing of unfit premises beyond repair at reasonable cost
264F1 Power to make closing order.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3265 Demolition orders
1
If—
a
the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and
b
this subsection is not disapplied by subsection (5),
making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).
2
If, in the case of any building containing one or more flats—
a
the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and
b
this subsection is not disapplied by subsection (5),
making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.
3
The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—
a
they are satisfied that a category 2 hazard exists in the dwelling or HMO,
b
this subsection is not disapplied by subsection (5), and
c
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
4
The local housing authority may make a demolition order in respect of any building containing one or more flats if—
a
they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,
b
this subsection is not disapplied by subsection (5), and
c
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
5
None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.
6
This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).
7
In this section “HMO” means house in multiple occupation.
8
An order made under subsection (3) or (4)—
a
may make different provision for different cases or descriptions of case (including different provision for different areas);
b
may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
9
Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.
266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
267 Content of demolition F5. . . .
1
A demolition order is an order requiring that the premises—
a
be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and
b
be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.
2
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8268 Service of copies of demolition order.
1
A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is—
a
an owner or occupier of the whole or part of the premises to which the order relates,
b
authorised to permit persons to occupy the whole or part of those premises, or
c
a mortgagee of the whole or part of the premises.
2
The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made.
3
A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2).
4
A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal.
5
Section 246 of the Housing Act 2004 (service of notices)—
a
applies in relation to copies required to be served under this section (instead of section 617 below), and
b
so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.
269 Right of appeal against order.
1
2
No appeal lies at the instance of a person who is in occupation of the premises F10or part of the premises under a lease or agreement with an unexpired term of three years or less.
2A
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
On an appeal the F12tribunal—
a
may make such order either confirming or quashing or varying the order as it thinks fit, F13. . .
F13b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3A
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F154
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
If an appeal is brought the order does not become operative until—
a
a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the F16Upper Tribunal may be brought expires without any such appeal having been brought, or
b
if a further appeal to the F16Upper Tribunal is brought, a decision on that appeal is given confirming the order (with or without variation);
and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.
269AF17Appeals suggesting certain other courses of action
1
One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
2
The courses of action are—
a
serving an improvement notice under section 11 or 12 of the Housing Act 2004;
b
making a prohibition order under section 20 or 21 of that Act;
c
serving a hazard awareness notice under section 28 or 29 of that Act; or
d
declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act.
3
Subsection (4) applies where—
a
F136the appropriate tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265; and
b
the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned.
4
The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004.
5
Subsection (6) applies where—
a
an appeal under section 269 is allowed against a demolition order made under section 265; and
b
the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.
6
The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.
7
Subsection (1) of this section is without prejudice to the generality of section 269.
Demolition orders
270 Demolition orders: recovery of possession of building to be demolished.
1
Where a demolition order has become operative F18with respect to any premises, the local housing authority shall serve on F19any occupier of the premises or any part of the premises a notice—
a
stating the effect of the order,
b
specifying the date by which the order requires the F20premises to be vacated, and
c
requiring him to quit the F20premises before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.
2
If any person is in occupation of F21the premises, or any part of F22them, at any time after the date on which the notice requires F21the premises to be vacated, the local housing authority or an owner of F21the premises may apply to the county court which shall thereupon order vacant possession of F21the premises or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.
3
Nothing in the Rent Acts F150, the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that ActF23or Part I of the Housing Act 1988 affects the provisions of this section relating to the obtaining possession of F24any premises.
4
5
A person who, knowing that a demolition order has become operative and applies to F24any premises—
a
b
permits another person to enter into such occupation after that date,
commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which the occupation continues after conviction.
271 Demolition orders: execution of order.
1
When a demolition order has become operative, the owner of the premises to which it applies shall demolish the premises within the time limited by the order, and if the premises are not demolished within that time the local housing authority shall enter and demolish them and sell the materials.
2
Subsection (1) has effect subject to—
section 273 (cleansing before demolition),
section 274 (power to permit reconstruction), and
section 275 (use otherwise than for human habitation).
272 Demolition orders: expenses of local housing authority, &c.
1
Expenses incurred by the local housing authority under section 271 (execution of demolition order), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the premises.
2
If there is more than one owner—
a
the expenses may be recovered by the local housing authority from the owners in such shares as F137the appropriate tribunal may determine to be just and equitable, and
3
A surplus in the hands of the authority shall be paid by them to the owner of the premises or, if there is more than one owner, as the owners may agree.
4
If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the M1Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.
5
F26F138a residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and F144the county court has jurisdiction under section 63 of the M2Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).
6
In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of premises, F27a tribunal or court shall have regard to all the circumstances of the case, including—
a
their respective interests in the premises, and
b
their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.
273 Demolition orders: cleansing before demolition.
1
If it appears to the local housing authority that premises to which a demolition order applies require to be cleansed from vermin, they may, at any time between the date on which the order is made and the date on which it becomes operative, serve notice in writing on the owner or owners of the premises that they intend to cleanse the premises before they are demolished.
2
Where the authority have served such a notice—
a
they may, at any time after the order has become operative and the premises have been vacated, enter and carry out such work as they may think requisite for the purpose of destroying or removing vermin, and
b
the demolition shall not be begun or continued by an owner after service of the notice on him, except as mentioned in subsection (3), until the authority have served on him a further notice authorising him to proceed with the demolition.
3
An owner on whom a notice has been served under subsection (1) may, at any time after the premises have been vacated, serve notice in writing on the authority requiring them to carry out the work within 14 days from the receipt of the notice served by him, and at the end of that period shall be at liberty to proceed with the demolition whether the work has been completed or not.
4
Where the local housing authority serve a notice under subsection (1), they shall not take action under section 271 (under which they are to demolish the F28premises if the owners do not) until the expiration of six weeks from the date on which the owner or owners become entitled by virtue of subsection (2) or (3) to proceed with the demolition.
274 Demolition orders: power to permit reconstruction of condemned house.
1
Where a demolition order has become operative—
a
the owner of the F29premises, or
b
any other person who in the opinion of the local housing authority is or will be in a position to put his proposals into effect,
may submit proposals to the authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the F29premises, or of buildings including the house.
F302
If the authority are satisfied that the result of the works will be—
a
in the case of a demolition order made under section 265(1) or (2), that the hazard concerned ceases to be a category 1 hazard, or
b
in the case of a demolition order made under section 265(3) or (4), that a prescribed state of affairs exists,
they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the premises is required under section 271 to demolish them.
3
In subsection (2) “prescribed state of affairs” means such state of affairs as may be specified or described in an order made by the Secretary of State.
4
An order under subsection (3)—
a
may make different provision for different cases or descriptions of case (including different provision for different areas);
b
may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and
c
shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
That time may be further extended by the authority, once or more often as the case may require, if—
a
the works have begun and appear to the authority to be making satisfactory progress, or
b
though they have not begun, the authority think there has been no unreasonable delay.
6
Where the authority determine to extend, or further extend, the time within which the owner of any premises is required under section 271 to demolish them, notice of the determination shall be served by the authority on every person having an interest in the premises or part of the premises, whether as freeholder, mortgagee or otherwise.
7
If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part or Part 1 of the Housing Act 2004).
274AF32Effect of certain enforcement action under the Housing Act 2004
A demolition order which has been made in respect of any premises shall cease to have effect if a management order under Chapter 1 or 2 of Part 4 of the Housing Act 2004 comes into force in relation to the premises.
F31275 Demolition orders: substitution of prohibition order to permit use otherwise than for human habitation
1
If—
a
an owner of any premises in respect of which a demolition order has become operative, or
b
any other person who has an interest in the premises,
submits proposals to the local housing authority for the use of the premises for a purpose other than human habitation, the authority may, if they think fit, determine the demolition order and make a prohibition order under section 20 or 21 of the Housing Act 2004 in respect of the hazard concerned.
2
The authority shall serve notice that the demolition order has been determined, and a copy of the prohibition order, on every person on whom they are required by Part 1 of Schedule 2 to the Housing Act 2004 to serve a copy of the prohibition order.
Closing orders
276 Closing orders: recovery of possession of house.
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277 Closing orders: enforcement.
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
278 Closing orders: determination of order on premises being rendered fit.
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
279 Closing orders: substitution of demolition order.
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37
Demolition of obstructive buildings
283 Buildings liable to be demolished as “obstructive buildings”.
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
284 Obstructive building order.
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
285 Right of appeal against obstructive building order.
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
286 Obstructive building order: recovery of possession of building to be demolished.
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
287 Execution of obstructive building order.
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
288 Obstructive buildings: expenses of local housing authority, &c.
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Clearance areas
C1289 Declaration of clearance area.
1
A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.
F442
If the local housing authority are satisfied, in relation to any area—
a
that each of the residential buildings in the area contains a category 1 hazard, and
b
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area,
declaring the area to be a clearance area is a course of action available to the authority in relation to the hazard or hazards for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).
2ZA
The local housing authority may declare an area to be a clearance area if they are satisfied that—
a
the residential buildings in the area are dangerous or harmful to the health or safety of the inhabitants of the area as a result of their bad arrangement or the narrowness or bad arrangement of the streets; and
b
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area.
2ZB
The local housing authority may declare an area to be a clearance area if they are satisfied that—
a
that each of the residential buildings in the area contains a category 2 hazard,
b
that the other buildings (if any) in the area are dangerous or harmful to the health or safety of the inhabitants of the area, and
c
the circumstances of the case are circumstances specified or described in an order made by the Secretary of State.
Subsection (8) of section 265 applies in relation to an order under this subsection as it applies in relation to an order under subsection (3) or (4) of that section.
2ZC
In this section “residential buildings” means buildings which are dwellings or houses in multiple occupation or contain one or more flats.
This is subject to subsection (2ZD).
2ZD
For the purposes of subsection (2) or (2ZB)—
a
subsection (2ZC) applies as if “two or more flats” were substituted for “one or more flats”; and
b
a residential building containing two or more flats is only to be treated as containing a category 1 or 2 hazard if two or more of the flats within it contain such a hazard.
2ZE
Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).
2B
Before declaring an area to be a clearance area, the authority shall—
a
serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and
b
take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building in the clearance area; and
c
publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.
2C
A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.
2D
The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken, as may be specified by the authority.
2E
A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.
2F
The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—
a
they may decide to declare the area to be a clearance area; or
b
they may decide to declare the area to be a clearance area but exclude such residential buildings which F45contain category 1 or category 2 hazards as they think fit; or
c
they may decide not to declare the area to be a clearance area.
3
F46Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph (a) or paragraph (b) of subsection (2F) they shall—
a
cause the area to be defined on a map in such manner as to exclude from any area
ii
any other building which is not dangerous or F49harmful to health or safety ; and
iii
any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and
b
pass a resolution declaring the area so defined to be a clearance area.
4
Before passing such a resolution the authority shall satisfy themselves—
a
that, in so far as suitable accommodation does not already exist for the persons who will be displaced by the clearance of the area, the authority can provide, or secure the provision of, such accommodation in advance of the displacements which will from time to time become necessary as the demolition of the buildings in the area, or in different parts of it, proceeds, and
b
that the resources of the authority are sufficient for the purposes of carrying the resolution into effect.
5
The authority shall forthwith transmit to the Secretary of State a copy of any resolution passed by them under this section, together with a statement of the number of persons who on a day specified in the statement were occupying the buildings comprised in the clearance area.
F505A
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5B
Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and, where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted ”if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
290 Acquisition of land for clearance.
1
So soon as may be after the local housing authority have declared an area to be a clearance area, they shall proceed to secure the clearance of the area (subject to and in accordance with the provisons of this Part) by purchasing the land comprised in the area and themselves undertaking, or otherwise securing, the demolition of the buildings on the land.
2
Where the authority determine to purchase land comprised in a clearance area, they may also purchase—
a
land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and
b
adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.
3
Where the authority have determined to purchase land under this section, they may purchase the land by agreement or be authorised by the Secretary of State to purchase the land compulsorily.
4
The powers conferred by subsection (3) are exercisable notwithstanding that any of the buildings within the area have been demolished since the area was declared to be a clearance area.
291 Method of dealing with land acquired for clearance.
1
A local housing authority who have purchased land under section 290 shall, so soon as may be, cause every building on the land to be vacated and deal with the land in one or other of the following ways, or partly in one of those ways and partly in the other, that is to say—
a
themselves demolish every building on the land within the period mentioned in subsection (2) and thereafter appropriate or dispose of the land, subject to such restrictions and conditions (if any) as they think fit, or
b
dispose of the land as soon as may be subject to a condition that the buildings on it be demolished forthwith, and subject to such restrictions and other conditions (if any) as they think fit.
2
The period within which the authority is to demolish a building under paragraph (a) of subsection (1) is six weeks from the date on which the building is vacated or such longer period as in the circumstances they consider reasonable.
3
This section has effect subject to—
section 301 (retention of premises for temporary housing use),
sections 305 and 306 (suspensions of clearance procedure on building becoming listed), and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
4
The references in subsection (1) to appropriation or disposal under the general powers conferred by section 122 or 123 of the M3Local Government Act 1972.
292 Power to discontinue proceedings if acquisition of land proves unnecessary.
Where the local housing authority have submitted to the Secretary of State an order for the compulsory purchase of land in a clearance area and the Secretary of State, on an application being made to him by the owner or owners of the land and the authority, is satisfied—
a
that the owner or owners of the land, with the concurrence of any mortgagee of the land, agree to the demolition of the buildings on the land, and
b
that the authority can secure the proper clearance of the area without acquiring the land,
the Secretary of State may authorise the authority to discontinue proceedings for the purchase of the land on their being satisfied that such covenants have been or will be entered into by all necessary parties as may be requisite for securing that the buildings will be demolished, and the land become subject to the like restrictions and conditions, as if the authority had dealt with the land in accordance with the provisions of section 291.
293 Property belonging to the local housing authority.
1
The local housing authority may include in a clearance area land belonging to them which they might have included in the area if it had not belonged to them, and the provisions of this Part apply to land so included as they apply to land purchased by the authority as being comprised in the clearance area.
2
Where land belonging to the local housing authority is surrounded by or adjoins a clearance area and might, had it not previously been acquired by them, have been purchased by the authority under section 290(2), the provisions of this part apply to that land as they apply to land purchased by the authority as being surrounded by or adjoining the clearance area.
294 Extinguishment of public rights of way over land acquired.
1
The local housing authority may, with the approval of the Secretary of State, by order extinguish any public right of way over land acquired by them under section 290 (land acquired for clearance) F54as from such date as the Secretary of State in approving the order may direct.
2
Where the authority have resolved to purchase under that section land over which a public right of way exists, F55an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct.
3
The order shall be published in such manner as may be prescribed and if objection to the order is made to the Secretary of State before the expiration of F56four weeks from its publication F57then, subject to subsection (4), he shall not approve the order until he has caused a public local inquiry to be held into the matter.
F584
The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.
C2295 Extinguishment of other rights over land acquired.
1
Upon the completion by the local housing authority of the purchase by them under section 290 (land acquired for clearance)—
a
all private rights of way over the land,
b
all rights of laying down, erecting, continuing or maintaining apparatus on, under or over the land, and
c
all other rights or easements in or relating to the land,
shall be extinguished and any such apparatus shall vest in the authority.
2
Subsection (1) has effect subject to—
a
any agreement which may be made between the local housing authority and the person in or to whom the right or apparatus is vested or belongs, and
b
sections 296 and 298 (which relate to the rights and apparatus of statutory undertakers and certain operators of F59electronic communications networks).
3
A person who suffers loss by the extinguishment of any right or the vesting of any apparatus under subsection (1) is entitled to be paid by the local housing authority compensation to be determined under and in accordance with the M4Land Compensation Act 1961.
296C3C4C5C6Apparatus of statutory undertakers.
1
Section 295(1) (extinguishment of rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—
a
any right vested in statutory undertakers of laying down, erecting, continuing or maintaining any apparatus, or
b
any apparatus belonging to statutory undertakers.
2
Where the removal or alteration of apparatus belonging to statutory undertakers—
a
on, under or over land purchased by a local housing authority under section 290 (land acquired for clearance), or
b
on, under or over a street running over, or through, or adjoining any such land.
is reasonably necesssary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Part relating to clearance areas, the authority may execute works for the removal or alteration of the apparatus, subject to and in accordance with the provisions of section 297 (procedure for removal or alteration of apparatus).
3
The local housing authority shall make reasonable compensation to statutory undertakers for any damage sustained by the undertakers by reason of the execution by the authority of works under this section and not made good by the provision of substituted apparatus; and any question as to the right of undertakers to recover such compensation or as to its amount shall be referred to and determined by the F60Upper Tribunal.
4
In this section—
a
b
“apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, tranformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;
c
references to the alteration of apparatus include references to diversion and to the alteration of position or level.
297 Procedure for removal or alteration of apparatus under s. 296.
1
A local housing authority who intend to remove or alter apparatus in exercise of the power conferred by section 296—
a
shall serve on the undertakers notice in writing of their intention with particulars of the proposed works and of the manner in which they are to be executed and plans and sections of them, and
b
shall not commence any works until the expiration of the period of 28 days from the date of service of that notice;
and within that period the undertakers may, by notice in writing served on the authority, make objections to, or state requirements with respect to, the proposed works as follows.
2
The undertakers may object to the execution of the works, or any of them, on the ground that they are not reasonably necessary for the purpose mentioned in section 296(2); and if objection is so made to any works and not withdrawn, the authority shall not execute the works unless they are determined by arbitration to be so necessary.
3
The undertakers may state requirements to which, in their opinion, effect ought to be given as to—
a
the manner of, or the conditions to be observed in, the execution of the works, or
b
the execution of other works for the protection of other apparatus belonging to the undertakers or for the provision of substituted apparatus, whether permanent or temporary;
and if any such requirement is so made and not withdrawn, the authority shall give effect to it unless it is determined by arbitration to be unreasonable.
4
At least seven days before commencing any works which they are authorised by section 296, or required by subsection (3), to execute, the local housing authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers.
5
If within seven days from the date of service on them of such a notice the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the authority; and the reasonable costs of the works shall be repaid to the undertakers by the authority.
6
Any matter which by virtue of subsection (2) or (3) is to be determined by arbitration, and any difference arising between statutory undertakers and a local housing authority under subsection (4) or (5), shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.
298F145Electronic communications apparatus
F631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land F64electronic communications apparatus kept installed for the purposes of F65an electronic communications code network, the powers of the operator of F66the network in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and F146Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (procedure for exercise of right to require removal of apparatus) applies.
3
Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—
a
but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and F147Part 10 of the telecommunications code (procedure for works involving alteration of apparatus) applies.
299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Use of condemned houses for temporary housing accommodation
F70300 Purchase of houses liable to be demolished or to be subject to a prohibition order.
1
Where—
a
the local housing authority would be required under section 5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
b
it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
they may purchase it instead.
2
Where—
a
the local housing authority would be required under section 5 of the Housing Act 2004 to make a relevant prohibition order in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and
b
it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,
they may purchase it instead.
3
In subsection (2) “relevant prohibition order” means a prohibition order under section 20 of the Housing Act 2004 which imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose approved by the authority.
4
Where an authority have determined to purchase any premises under subsection (1)—
a
they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition order, and
b
sections 268(4) and 269(1), (2), (3) and (6) (operative date and right of appeal) apply to such a notice as they apply to a demolition order.
5
Where an authority have determined to purchase any premises under subsection (2)—
a
they shall serve a notice of their determination on the persons on whom they would have been required by Part 1 of Schedule 2 to the Housing Act 2004 (service of prohibition orders) to serve a copy of the relevant prohibition order; and
b
section 24 of that Act and Parts 1 and 3 of that Schedule (operative date, right of appeal etc.) apply to such a notice as they apply to a prohibition order which is not suspended or to appeals against such an order (as the case may be).
6
At any time after the notice has become operative the authority may purchase the dwelling, house in multiple occupation or building by agreement or be authorised by the Secretary of State to purchase it compulsorily.
7
This section does not apply where section 304(1) applies (listed building or building protected pending listing).
301 Retention of houses acquired for clearance.
1
The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of F71residential buildings on land purchased by them within the area if, in their opinion, the F71residential buildings are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.
2
Where the local housing authority are satisfied that a F72residential building on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes—
a
is required for the support of a F72residential building which is so retained, or
b
should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).
they may retain the F72residential building for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.
3
Where the demolition of any F73residential buildings in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than F73residential buildings within the area.
F744
In this section and section 302 “residential building” has the same meaning as it has in section 289.
302 Management and repair of houses acquired under s. 300 or retained under s. 301
Where a F75residential building is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—
a
the authority have the like powers in respect of the F75residential building as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);
b
the authority may carry out such works as may from time to time be required for rendering and keeping the F75residential building capable of providing accommodation of a standard which is adequate for the time being pending its demolition;
Listed buildings
303 Meaning of “listed building”.
In this Part “listed building” means a building included in a list of buildings of special architectural or historic interest under F77section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
F78304 Demolition order not to be made in respect of listed building .
1
A local housing authority shall not make a demolition order under section 265 (power to make a demolition order) in respect of a listed building.
2
Where a dwelling, house in multiple occupation or building in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order (whether or not it has become operative).
3
The local housing authority shall serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a new demolition order in relation to the premises.
4
The Secretary of State may give notice in respect of a dwelling, house in multiple occupation or building to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a dwelling, house in multiple occupation or building in respect of which such a notice is in force as they apply to a listed building.
305 Building becoming listed when subject to compulsory purchase for clearance.
1
Where a building to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) F79for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.
2
If the authority have not served notice to treat in respect of the building under section 5 of the M6Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives that consent.
3
The following provisions of this section have effect where—
a
an application for such consent is made and refused, or
b
the period for making an application expires without the authority having made an application;
and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.
4
If at the relevant date—
a
the building has not vested in the authority, and
b
no notice to treat has been served by the authority under section 5 of the M7Compulsory Purchase Act 1965 in respect of an interest in the building.
the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.
5
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—
a
if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a F81residential building as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of F82Part IX of the Town and Country Planning Act 1990 (planning purposes);
b
in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a F81residential building as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under F82Part IX of the Town and Country Planning Act 1990.
7
No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.
F838
In this section “residential building” has the same meaning as in section 289. F84. . .
306 Building becoming listed when acquired by agreement for clearance.
1
Where section 291 (method of dealing with land acquired for clearance) applies to a building purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) F85for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.
2
Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—
a
the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and
b
the building shall be treated in the case of a F86residential building (within the meaning of section 289) as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of F87Part IX of the Town and Country Planning Act 1990 (planning purposes).
Provisions for protection or assistance of owners
307 Saving for rights arising from breach of covenant, &c.
1
Nothing in the provisions of this Part F88relating to the demolition or purchase of unfit premises prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which an order is made by the local housing authority under those provisions.
2
If an owner is obliged to take possession of premises in order to comply with such an order, the taking possession does not affect his right to avail himself of any such breach which occurred before he so took possession.
308 Approval of owner’s proposals for redevelopment.
1
A person proposing to undertake the re-development of land may submit particulars of his proposals to the local housing authority for approval under this section.
2
The authority shall consider the proposals and if they appear to the authority to be satisfactory, the authority shall give notice to that effect to the person by whom they were submitted, specifying times within which the several parts of the re-development are to be carried out.
3
Where the authority have so given notice of their satisfaction with proposals, no action shall be taken in relation to the land under any of the powers conferred by the provisions of this Part F89or Chapter 2 of Part 1 of the Housing Act 2004 relating to—
a
the demolition F90or purchase of premises or the prohibition of uses of premises , or
b
clearance areas.
if and so long as the re-development is being proceeded with in accordance with the proposals and within the specified time limits, subject to any variation or extension approved by the authority.
4
This section does not apply to premises—
a
in respect of which a demolition order has become operative, or
b
comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;
and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.
309 Recovery of possession of premises for purposes of approved re-development.
1
Where the local housing authority have given notice of their satisfaction with proposals submitted to them under section 308 and are satisfied—
a
that it is necessary for the purpose of enabling re-development to be carried out in accordance with the proposals that a dwelling-house let on or subject to a protected tenancy or statutory tenancy (within the meaning of the M8Rent Act 1977) F91or let on or subject to an assured tenancy or assured agricultural occupancy should be vacated, and
b
that alternative accommodation complying with the requirements of this section is available for the tenant or will be available for him at a future date,
they may issue to the landlord a certificate, which shall be conclusive evidence for the purposes of section 98(1)(a) of the Rent Act 1977 F91or section 7 of the Housing Act 1988 (grounds for possession), that suitable alternative accommodation is available for the tenant or will be available for him by that future date.
2
The requirements with which the alternative accommodation must comply are—
a
that it must be a F92dwelling-house in which the tenant and his family can live without causing it to be overcrowded within the meaning of Part X;
b
that it must be certified by the local housing authority to be suitable to the needs of the tenant and his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means; and
c
that if the F92dwelling-house belongs to the local housing authority it must be certified by them to be suitable to the needs of the tenant and his family as regards accommodation, for this purpose treating a F92dwelling-house containing two bedrooms as providing accommodation for four persons, a F92dwelling-house containing three bedrooms as providing accommodation for five persons and a F92dwelling-house containing four bedrooms as providing accommodation for seven persons.
310 Certificate of fitness resulting from owner’s improvements or alterations.
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.
1
Where proposals as respects premises in a clearance area are submitted to the local housing authority under section 308 (owner’s re-development) F94. . . , the authority may, instead of proceeding under that section, transmit the proposals to the Secretary of State.
2
The Secretary of State shall deal with the proposals in connection with the consideration by him of the compulsory purchase order relating to the premises as if the proposals had been objections to the order made on the date on which they were submitted to the authority.
3
If in confirming the order the Secretary of State excludes the premises from the clearance area, the authority shall then proceed in relation to the proposals under section 308 F95. . . .
312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96
Miscellaneous
315 Power of court to order occupier or owner to permit things to be done.
1
If a person, after receiving notice of the intended action—
a
being the occupier of premises, prevents the owner . . . F97 of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or
b
being the occupier, F98or owner of premises, prevents an officer, servant or agent of the local housing authority from so doing,
a magistrates’ court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.
2
A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.
316 Power of court to authorise owner to demolish premises on default of another owner.
1
If it appears to a magistrates’ court on the application of an owner of premises in respect of which a demolition order F99. . . has been made, that owing to the default of another owner of the premises in demolishing the premises, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises, and, within a period fixed by the order, demolish them.
2
Where the court makes an order under subsection (1), the court may, where it seems to the court just to do so, make a like order in favour of any other owner.
3
Before an order is made under this section, notice of the application shall be given to the local housing authority.
317 Power of court to determine lease where premises demolished F100. . . .
1
2
On the application the F102tribunal may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.
3
The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the F103tribunal may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
4
In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.
318 Power of F104tribunal to authorise execution of works on unfit premises or for improvement.
1
Where on an application made by a person entitled to any interest in land used in whole or in part as a site for F105F106dwellings or houses in multiple occupation or bothF141the appropriate tribunal is satisfied—
a
that the premises on the land are, or are likely to become, dangerous or F107harmful to health or safety and the interests of the applicant are thereby prejudiced, or
b
that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,
F108the tribunal may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.
2
Where the F109tribunal makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.
3
The F109tribunal shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.
4
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
319 Powers of entry.
1
A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving F111seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises—
a
for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or
b
c
for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.
2
An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised F114and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.
320 Penalty for obstruction.
1
It is a summary offence F115intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.
2
A person committing such an offence is liable on conviction to a fine not exceeding F116level 3 on the standard scale.
321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117
F118322 Minor definitions.
1
In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)—
“ building containing one or more flats ”,
“ category 1 hazard ”,
“ category 2 hazard ”,
“ common parts ”, in relation to a building containing one or more flats,
“ dwelling ”,
“ flat ”,
“ hazard ”.
2
In this Part—
“ health ” includes mental health;
“ house in multiple occupation ” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act);
“ owner ”, in relation to premises—
- a
means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and
- b
includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;
- a
“ premises ” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.
3
This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.
F1424
In this Part “appropriate tribunal” means—
a
in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
b
in relation to premises in Wales, a residential property tribunal.
323 Index of defined expressions: Part IX.
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—
F143appropriate tribunal | F143section 322 |
F119assured agricultural occupancy | F119section 622 |
F119assured tenancy | F119section 622 |
F120building containing one or more flats | F120section 322 |
F121category 1 hazard | F121section 322 |
F122category 2 hazard | F122section 322 |
clearance area | section 289(1) |
F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
F124common parts | F124section 322 |
demolition order | section 267(1) |
district (of a local housing authority) | section 2(1) |
F125dwelling | F125section 322 |
F126dwelling house | F126sections 266 and 322 |
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . | F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . F128 | . . . F128 |
F126flat | F126section 322 |
. . . F128 | . . . F128 |
. . . F128 | . . . F128 |
F129hazard | F129section 322 |
F130health | F130section 322 |
F126house in multiple occupation | F126section 322 |
. . . F128 | . . . F128 |
lease, lessee and lessor | section 621 |
listed building | section 303 |
local housing authority | section 1, 2(2) |
F131. . . | F131. . . |
F132. . . | F132. . . |
owner (of premises) | section 322 |
. . . F128 | . . . F128 |
F126premises | F126section 322 |
prescribed | section 614 |
reasonable expense | section 321 |
rehabilitation order | Schedule 11 |
the Rent Acts | section 622 |
F133residential property tribunal | F133section 229 of the Housing Act 2004 |
. . . F128 | . . . F128 |
. . . F128 | . . . F128 |
standard scale (in reference to the maximum fine on summary conviction) | section 622 |
underground room | section 280 |
F134. . . | F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
. . . F128 | . . . F128 |
Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11