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Housing and Regeneration Act 2008

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This is the original version (as it was originally enacted).

Final demolition notices

This section has no associated Explanatory Notes

4After paragraph 15 insert—

15A(1)This paragraph applies if—

(a)a final demolition notice is in force in respect of a dwelling-house, and

(b)the landlord transfers his interest as landlord to another person.

(2)The final demolition notice (“the original notice”) continues in force but this is subject to—

(a)paragraphs 13(5) and 15, and

(b)the following provisions of this paragraph.

(3)Sub-paragraph (4) applies if the transferee—

(a)intends to demolish the dwelling-house, but

(b)has not—

(i)served a continuation notice, and

(ii)complied with the conditions in sub-paragraphs (8) and (10),

within the period of 2 months beginning with the date of transfer.

(4)The transferee must proceed under paragraph 15(4) as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) applies on the same basis).

(5)A continuation notice is a notice—

(a)stating that the transferee—

(i)has acquired the interest concerned, and

(ii)intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b)setting out the reasons why the transferee intends to demolish the relevant premises,

(c)stating that one of conditions A to C in paragraph 14 is satisfied in relation to the original notice (specifying the condition concerned),

(d)stating that the original notice is to continue in force, and

(e)explaining the continued effect of the original notice.

(6)A continuation notice may not vary the proposed demolition date in the original notice nor the date when the original notice will cease to be in force.

(7)Sub-paragraph (8) applies if—

(a)the dwelling-house is contained in a building which contains one or more other dwelling-houses, and

(b)the transferee intends to demolish the whole of the building.

(8)The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).

(9)An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.

(10)Paragraph 13(7) and (8) apply in relation to the transferee’s intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer.

(11)Sub-paragraphs (7) to (10) above apply instead of paragraph 13(6) to (8) in relation to a final demolition notice so far as continued in force under this paragraph.

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