Housing Act 1985

270 Demolition orders: recovery of possession of building to be demolished. E+W

(1) Where a demolition order has become operative [F1 with respect to any premises], the local housing authority shall serve on [F2 any 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 [F3 premises] to be vacated, and

(c) requiring him to quit the [F3 premises] 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 [F4 the premises], or any part of [F5 them], at any time after the date on which the notice requires [F4 the premises] to be vacated, the local housing authority or an owner of [F4 the premises] may apply to the county court which shall thereupon order vacant possession of [F4 the 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 [F6 , the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that Act] [F7 or Part I of the Housing Act 1988] affects the provisions of this section relating to the obtaining possession of [F8 any premises].

(4) Expenses incurred by the local housing authority under this section in obtaining possession of [F8 any premises], or part of [F8 any premises], may be recovered by them by action from the owner, or from any of the owners, of [F4 the premises].

(5) A person who, knowing that a demolition order has become operative and applies to [F8 any premises]—

(a) enters into occupation of [F4 the premises], or a part of [F5 them], after the date by which the order requires [F5 them] to be vacated, or

(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.

Textual Amendments

F1 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(a)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(b)

F3 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(1)(c)

F4 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(2)(a)

F5 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 18(2)(b)

F6 Words in s. 270(3) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(20) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)

F7 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 47

F8 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s.165(1)(b), Sch. 9 Pt. II para. 18(2)(c)