SCHEDULES
SCHEDULE 13Demolition notices
Initial demolition notices
6
Schedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.
7
In paragraph 1(4)(b)
(initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “
seven
”
.
8
In paragraph 2(1)
(period of validity of initial demolition notices) for “paragraph 3” substitute “
paragraphs 3 and 3A
”
.
9
In paragraph 3(1)
(revocation of initial demolition notices: application of paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “
(7A)
”
.
10
After paragraph 3 insert—
Transfer of initial demolition notices
3A
1
This paragraph applies if—
a
an initial 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 initial demolition notice (“the original notice”) continues in force but this is subject to—
a
paragraphs 2 and 3, 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) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied 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 the original notice is to continue in force, and
d
explaining the continued effect of the original notice.
6
A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c).
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) of Schedule 5 applies 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; and paragraph 2(3) above applies for this purpose.
11
Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.
11
1
Paragraph 4 (restrictions on service of further notices) is amended as follows.
2
In sub-paragraph (2) (further initial demolition notices)—
a
after “dwelling-house” insert “
, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,
”
, and
b
in paragraph (a) for “it” substitute “
the further notice
”
.
3
In sub-paragraph (3) (final demolition notices)—
a
after “dwelling-house” insert “
, by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice,
”
, and
b
in paragraph (a) for “it” substitute “
the final demolition notice
”
.
12
In paragraph 5 (notices under Schedule 5A) for “or 15” substitute “
, 15 or 15A
”
.
13
In paragraph 6(1)
(interpretation) after “Schedule” insert “
(other than paragraph 3A)
”
.