Housing Act 1985

Compulsory purchase

580 Incorporation of enactments relating to mineral rights.

A compulsory purchase order under section 290 (acquisition of land for clearance) shall incorporate Parts II and III of Schedule 2 to the [1981 c. 67] Acquisition of Land Act 1981 (mineral rights).

581 Acquisition of commons, open spaces, &c.

(1) In so far as a compulsory purchase order under section 290 (acquisition of land for clearance) authorises the purchase of land forming part of a common, open space or allotment, the order shall be subject to special parliamentary procedure except where it provides for giving in exchange for such land other land, not being less in area, certified by the Secretary of State to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.

(2) Before giving a certificate the Secretary of State shall give public notice of the proposed exchange, shall afford opportunities to all persons interested to make representations and objections in relation to it and shall, if necessary, hold a local inquiry on the subject.

(3) An order which authorises such an exchange shall provide for—

(a) vesting the land given in exchange in the persons in whom the common, open space or allotment was vested, subject to the same rights, trusts and incidents as attached to the common, open space or allotment, and

(b) discharging the land acquired from all rights, trusts and incidents to which it was previously subject.

(3) In this section—

• “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882, and any town or village green;

• “open space” means any land laid out as a public garden or used for the purposes of public recreation, or land which is a disused burial ground;

• “allotment” means any allotment set out as a fuel or field garden allotment under an Inclosure Act.

582 Restriction on recovery of possession after making of compulsory purchase order.

(1) This section applies where a local housing authority have made a compulsory purchase order authorising—

(a) the acquisition of a house in multiple occupation under—

• section 17 (provision of housing),

• section 192 (house subject to repair order found to be beyond repair) or

• section 300 (purchase of condemned house for temporary housing use), or

(b) the acquisition of land under section 243(2) (land in housing action area on which there are premises consisting of or including housing accommodation),

and within the period specified in subsection (2) proceedings for possession of premises forming part of the house or land in question are brought in the county court against a person who was the lessee of the premises when the order was made, or became the lessee after the order was made, but is no longer the lessee.

(2) The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with—

(a) the third anniversary of the date on which the order became operative, or

(b) any earlier date on which the Secretary of State notifies the authority that he declines to confirm the order or the order is quashed by a court.

(3) Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.

(4) The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.

(5) The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.

(6) If at any time—

(a) the Secretary of State notifies the authority that he declines to confirm the compulsory purchase order, or the order is quashed by a court, or

(b) the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it,

the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time.

(7) This section does not apply—

(a) where the person entitled to possession of the premises is the local housing authority;

(b) where the net annual value for rating of the premises exceeds the county court limit for the purposes of section 21(1) of the [1984 c. 24.] County Courts Act 1984 (actions for the recovery of land).

(8) In this section “house in multiple occupation” has the same meaning as in Part XI.

583 Continuance of tenancies of housees compulsorily acquired and to be used for housing purposes.

(1) Where a local housing authority—

(a) are authorised to purchase compulsorily a house which is to be used for housing purposes, and

(b) have acquired the right to enter on and take possession of the house by virtue of having served a notice under section 11 of the [1965 c. 56.] Compulsory Purchase Act 1965,

they may, instead of exercising that right by taking actual possession of the house, proceed by serving notice on any person then in occupation of the house, or part of it, authorising him to continue in occupation upon terms specified in the notice or on such other terms as may be agreed.

(2) Where the authority proceed in accordance with subsection(1)—

(a) the like consequences follow with respect to the determination of the rights and liabilities of any person arising out of any interest of his in the house, or a part of it, and

(b) the authority may deal with the premises in all respects,

as if they had taken actual possession on the date of the notice.

(3) A person who by virtue of this section ceases to be entitled to receive rent in respect of the premises shall be deemed for the purposes of section 20 of the [1965 c. 56.] Compulsory Purchase Act 1965 (compensation of tenants, &c.) to have been required to give up possession of the premises.

(4) In this section “house” includes—

(a) any part of a building which is occupied as a separate dwelling, and

(b) any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

584 Power to enter and determine short tenancies of land acquired or appropriated.

(1) This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of—

• Part II (provision of housing),

• Part VIII (area improvement), or

• the provisions of Part IX relating to clearance areas,

subject to the interest of the person in possession of the land.

(2) If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days' notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.

(3) The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.

(4) The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if—

(a) the authority had been authorised to acquire the land compulsorily, and

(b) that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land;

but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).