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(  78  )

 
 

under paragraph 2 or 10 has effect with the substitution of the relevant

 

proprietor for the authority.

 

      (3)  

If the relevant proprietor is a lessee, nothing in a superior lease imposes

 

liability on him or any superior lessee in respect of anything done before

 

the termination date in pursuance of the terms of an agreement to which

 

sub-paragraph (2) applies.

 

      (4)  

If the condition in sub-paragraph (5) is met, any other agreement entered

 

into by the authority in the performance of their duties under section

 

(Local housing authority’s duties once interim EDMO in force)(1) to (3) or

 

(Local housing authority’s duties once final EDMO in force)(1) to (3) in

 

respect of the dwelling has effect, as from the termination date, with the

 

substitution of the relevant proprietor for the authority.

 

      (5)  

The condition is that the authority serve a notice on the other party or

 

parties to the agreement stating that sub-paragraph (4) applies to the

 

agreement.

 

      (6)  

If the condition in sub-paragraph (7) is met—

 

(a)   

any rights or liabilities that were rights or liabilities of the

 

authority immediately before the termination date by virtue of

 

any provision of this Chapter, or under any agreement to which

 

sub-paragraph (4) applies, are rights or liabilities of the relevant

 

proprietor instead, and

 

(b)   

any proceedings instituted or continued by or against the

 

authority by virtue of any such provision or agreement may be

 

continued by or against the relevant proprietor instead,

 

           

as from the termination date.

 

      (7)  

The condition is that the authority serve a notice on all interested parties

 

stating that sub-paragraph (6) applies to the rights or liabilities or (as the

 

case may be) the proceedings.

 

      (8)  

If by virtue of this paragraph a relevant proprietor becomes subject to

 

any liability to pay damages in respect of anything done (or omitted to

 

be done) before the termination date by or on behalf of the authority, the

 

authority are liable to reimburse to the relevant proprietor an amount

 

equal to the amount of the damages paid by him.

 

      (9)  

This paragraph applies to instruments as it applies to agreements.

 

     (10)  

In this paragraph—

 

         

“agreement” includes arrangement;

 

         

“the termination date” means the date on which the order ceases

 

to have effect.

 

EDMOs: power of entry to carry out work

 

25    (1)  

The right mentioned in sub-paragraph (2) is exercisable by the local

 

housing authority, or any person authorised in writing by them, at any

 

time when an interim EDMO or final EDMO is in force.

 

      (2)  

That right is the right at all reasonable times to enter any part of the

 

dwelling for the purpose of carrying out works, and is exercisable as

 

against any person having an estate or interest in the dwelling.

 

      (3)  

If, after receiving reasonable notice of the intended action, any occupier

 

of the dwelling prevents any officer, employee, agent or contractor of the

 

local housing authority from carrying out work in the dwelling, a


 

(  79  )

 
 

magistrates’ court may order him to permit to be done on the premises

 

anything which the authority consider to be necessary.

 

      (4)  

A person who fails to comply with an order of the court under sub-

 

paragraph (3) commits an offence.

 

      (5)  

A person who commits an offence under sub-paragraph (4) is liable on

 

summary conviction to a fine not exceeding level 5 on the standard scale.

 

Part 4

 

Appeals

 

Appeals: decisions relating to EDMOs

 

26    (1)  

A relevant person may appeal to a residential property tribunal

 

against—

 

(a)   

a decision of the local housing authority to make a final EDMO,

 

(b)   

the terms of a final EDMO (including the terms of the

 

management scheme contained in it), or

 

(c)   

the terms of an interim EDMO on the grounds that they do not

 

provide for one or both of the matters mentioned in paragraph

 

5(5)(a) and (b) (which relate to payments of surplus rent etc.).

 

      (2)  

Where an appeal is made under sub-paragraph (1)(c)—

 

(a)   

the appeal may be brought at any time while the order is in force

 

(with the result that nothing in sub-paragraph (3) or paragraph

 

27 applies in relation to the appeal); and

 

(b)   

the powers of the residential property tribunal under paragraph

 

28 are limited to determining whether the order should be varied

 

by the tribunal so as to include a term providing for the matter or

 

matters in question, and (if so) what provision should be made

 

by the term.

 

      (3)  

If no appeal is brought under this paragraph in respect of a final EDMO

 

within the time allowed by paragraph 27 for making such an appeal, the

 

order is final and conclusive as to the matters which could have been

 

raised on appeal.

 

Appeals: time limits for appeals under paragraph 26

 

27    (1)  

This paragraph applies in relation to an appeal under paragraph 26 in

 

respect of a final EDMO.

 

      (2)  

Any such appeal must be made within the period of 28 days beginning

 

with the date specified in the notice under paragraph 7(5) of Schedule 6

 

(as applied by section (Making of final EDMOs)(5)) as the date on which

 

the order was made.

 

      (3)  

A residential property tribunal may allow an appeal to be made to it

 

after the end of the period mentioned in sub-paragraph (2) if it is

 

satisfied that there is a good reason for the failure to appeal before the

 

end of that period (and for any delay since then in applying for

 

permission to appeal out of time).

 

Appeals: powers of residential property tribunal on appeal under paragraph 26

 

28    (1)  

This paragraph applies to an appeal to a residential property tribunal

 

under paragraph 26 in respect of an interim EDMO or a final EDMO.


 

(  80  )

 
 

      (2)  

The appeal—

 

(a)   

is to be by way of a re-hearing, but

 

(b)   

may be determined having regard to matters of which the

 

authority were unaware.

 

      (3)  

The tribunal may—

 

(a)   

in the case of an interim EDMO, vary the order as mentioned in

 

paragraph 26(2)(b), or

 

(b)   

in the case of a final EDMO, confirm or vary the order or revoke

 

it as from the date of the tribunal’s order.

 

“The operative time” for the purposes of paragraph 9(2)

 

29    (1)  

This paragraph defines “the operative time” for the purposes of

 

paragraph 9(2).

 

      (2)  

If no appeal is made under paragraph 26 before the end of the period of

 

28 days mentioned in paragraph 27(2), “the operative time” is the end of

 

that period.

 

      (3)  

If an appeal is made under paragraph 26 before the end of that period,

 

and a decision is given on the appeal which confirms the order, “the

 

operative time” is as follows—

 

(a)   

if the period within which an appeal to the Lands Tribunal may

 

be brought expires without such an appeal having been brought,

 

“the operative time” is the end of that period;

 

(b)   

if an appeal to the Lands Tribunal is brought, “the operative

 

time” is the time when a decision is given on the appeal which

 

confirms the order.

 

      (4)  

For the purposes of sub-paragraph (3)—

 

(a)   

the withdrawal of an appeal has the same effect as a decision

 

which confirms the order, and

 

(b)   

references to a decision which confirms the order are to a

 

decision which confirms it with or without variation.

 

Right to appeal against decision or refusal to vary or revoke EDMO

 

30         

A relevant person may appeal to a residential property tribunal

 

against—

 

(a)   

a decision of a local housing authority to vary or revoke an

 

interim EDMO or a final EDMO, or

 

(b)   

a refusal of a local housing authority to vary or revoke an interim

 

EDMO or a final EDMO.

 

Time limits for appeals under paragraph 30

 

31    (1)  

This paragraph applies in relation to an appeal under paragraph 30

 

against a decision to vary or revoke, or (as the case may be) to refuse to

 

vary or revoke, an interim EDMO or a final EDMO.

 

      (2)  

Any such appeal must be made before the end of the period of 28 days

 

beginning with the date specified in the notice under paragraph 11, 16,

 

19 or 22 of Schedule 6 (as applied by paragraph 8 or 17 of this Schedule

 

(as the case may be)) as the date on which the decision concerned was

 

made.


 

(  81  )

 
 

      (3)  

A residential property tribunal may allow an appeal to be made to it

 

after the end of the period mentioned in sub-paragraph (2) if it is

 

satisfied that there is a good reason for the failure to appeal before the

 

end of that period (and for any delay since then in applying for

 

permission to appeal out of time).

 

Powers of residential property tribunal on appeal under paragraph 30

 

32    (1)  

This paragraph applies to an appeal to a residential property tribunal

 

under paragraph 30 against a decision to vary or revoke, or (as the case

 

may be) to refuse to vary or revoke, an interim EDMO or final EDMO.

 

      (2)  

The appeal—

 

(a)   

is to be by way of a re-hearing, but

 

(b)   

may be determined having regard to matters of which the

 

authority were unaware.

 

      (3)  

The tribunal may confirm, reverse or vary the decision of the local

 

housing authority.

 

      (4)  

If the appeal is against a decision of the authority to refuse to revoke the

 

order, the tribunal may make an order revoking the order as from a date

 

specified in its order.

 

“The operative time” for the purposes of paragraphs 6, 7, 15 and 16

 

33    (1)  

This paragraph defines “the operative time” for the purposes of—

 

(a)   

paragraph 6(2) or 7(3) (variation or revocation of interim EDMO),

 

or

 

(b)   

paragraph 15(2) or 16(3) (variation or revocation of final EDMO).

 

      (2)  

If no appeal is made under paragraph 30 before the end of the period of

 

28 days mentioned in paragraph 31(2), “the operative time” is the end of

 

that period.

 

      (3)  

If an appeal is made under paragraph 30 before the end of that period,

 

and a decision is given on the appeal which confirms the variation or

 

revocation, “the operative time” is as follows—

 

(a)   

if the period within which an appeal to the Lands Tribunal may

 

be brought expires without such an appeal having been brought,

 

“the operative time” is the end of that period;

 

(b)   

if an appeal to the Lands Tribunal is brought, “the operative

 

time” is the time when a decision is given on the appeal which

 

confirms the variation or revocation.

 

      (4)  

For the purposes of sub-paragraph (3)—

 

(a)   

the withdrawal of an appeal has the same effect as a decision

 

which confirms the variation or revocation appealed against; and

 

(b)   

references to a decision which confirms a variation are to a

 

decision which confirms it with or without variation.

 

Right to appeal against decision in respect of compensation payable to third parties

 

34    (1)  

This paragraph applies where a local housing authority have made a

 

decision under section (Making of final EDMOs)(4) or (Compensation

 

payable to third parties)(3) as to whether compensation should be paid to

 

a third party in respect of any interference with his rights in consequence

 

of a final EDMO.


 

(  82  )

 
 

      (2)  

The third party may appeal to a residential property tribunal against—

 

(a)   

a decision by the authority not to pay compensation to him, or

 

(b)   

a decision of the authority so far as relating to the amount of

 

compensation that should be paid.

 

Time limits for appeals under paragraph 34

 

35    (1)  

This paragraph applies in relation to an appeal under paragraph 34

 

against a decision of a local housing authority not to pay compensation

 

to a third party or as to the amount of compensation to be paid.

 

      (2)  

Any such appeal must be made—

 

(a)   

where the decision is made before the final EDMO is made,

 

within the period of 28 days beginning with the date specified in

 

the notice under paragraph 7(5) of Schedule 6 (as applied by

 

section (Making of final EDMOs)(5)) as the date on which the

 

order was made, or

 

(b)   

in any other case, within the period of 28 days beginning with the

 

date the authority notifies the third party under section

 

(Compensation payable to third parties)(4).

 

      (3)  

A residential property tribunal may allow an appeal to be made to it

 

after the end of the period mentioned in sub-paragraph (2) if it is

 

satisfied that there is good reason for the failure to appeal before the end

 

of that period (and for any delay since then in applying for permission

 

to appeal out of time).

 

Powers of residential property tribunal on appeal under paragraph 34

 

36    (1)  

This paragraph applies in relation to an appeal under paragraph 34

 

against a decision of a local housing authority not to pay compensation

 

to a third party or as to the amount of compensation to be paid.

 

      (2)  

The appeal—

 

(a)   

is to be by way of re-hearing, but

 

(b)   

may be determined having regard to matters of which the

 

authority were unaware.

 

      (3)  

The tribunal may confirm, reverse or vary the decision of the local

 

housing authority.

 

      (4)  

Where the tribunal reverses or varies the decision of the authority, it

 

must make an order varying the management scheme contained in the

 

final EDMO accordingly.

 

Meaning of “relevant person” for the purposes of this Part

 

37         

In this Part of this Schedule “relevant person” means any person who has

 

an estate or interest in the dwelling (other than a person who is a tenant

 

under a lease or licence granted under paragraph 2(3)(c) or 10(3)(c)).”

Schedule 7

260

Page 206, line 29, after “amount” insert “(not exceeding £500)”

Before Schedule 8

261

Insert the following new Schedule—


 

(  83  )

 
 

“New Schedule 5a to the Housing Act 1985: initial demolition notices

 

“Schedule 5A

 

Initial demolition notices

 

Initial demolition notices

 

1     (1)  

For the purposes of this Schedule an “initial demolition notice” is a notice

 

served on a secure tenant—

 

(a)   

stating that the landlord 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 landlord intends to demolish the

 

relevant premises,

 

(c)   

specifying the period within which he intends to demolish those

 

premises,

 

(d)   

stating that, while the notice remains in force, he will not be

 

under any obligation to make such a grant as is mentioned in

 

section 138(1) in respect of any claim made by the tenant to

 

exercise the right to buy in respect of the dwelling-house.

 

      (2)  

An initial demolition notice must also state—

 

(a)   

that the notice does not prevent—

 

(i)   

the making by the tenant of any such claim, or

 

(ii)   

the taking of steps under this Part in connection with any

 

such claim up to the point where section 138(1) would

 

otherwise operate in relation to the claim, or

 

(iii)   

the operation of that provision in most circumstances

 

where the notice ceases to be in force, but

 

(b)   

that, if the landlord subsequently serves a final demolition notice

 

in respect of the dwelling-house, the right to buy will not arise in

 

respect of it while that notice is in force and any existing claim

 

will cease to be effective.

 

      (3)  

If, at the time when an initial demolition notice is served, there is an

 

existing claim to exercise the right to buy in respect of the dwelling-

 

house, the notice shall—

 

(a)   

state that section 138C confers a right to compensation in respect

 

of certain expenditure, and

 

(b)   

give details of that right to compensation and of how it may be

 

exercised.

 

      (4)  

The period specified in accordance with sub-paragraph (1)(c) must not—

 

(a)   

allow the landlord more than what is, in the circumstances, a

 

reasonable period to carry out the proposed demolition of the

 

relevant premises (whether on their own or as part of a scheme

 

involving the demolition of other premises); or

 

(b)   

in any case expire more than five years after the date of service of

 

the notice on the tenant.

 

Period of validity of initial demolition notice

 

2     (1)  

For the purposes of this Schedule an initial demolition notice—

 

(a)   

comes into force in respect of the dwelling-house concerned on

 

the date of service of the notice on the tenant, and


 

(  84  )

 
 

(b)   

ceases to be so in force at the end of the period specified in

 

accordance with paragraph 1(1)(c),

 

           

but this is subject to compliance with the conditions mentioned in sub-

 

paragraph (2) (in a case to which they apply) and to paragraph 3.

 

      (2)  

The conditions in sub-paragraphs (6) and (7) of paragraph 13 of Schedule

 

5 (publicity for final demolition notices) shall apply in relation to an

 

initial demolition notice as they apply in relation to a final demolition

 

notice.

 

      (3)  

The notice mentioned in paragraph 13(7) (as it applies in accordance

 

with sub-paragraph (2) above) must contain the following information—

 

(a)   

sufficient information to enable identification of the premises

 

that the landlord intends to demolish,

 

(b)   

the reasons why the landlord intends to demolish those

 

premises,

 

(c)   

the period within which the landlord intends to demolish those

 

premises,

 

(d)   

the date when any initial demolition notice or notices relating to

 

those premises will cease to be in force, unless revoked or

 

otherwise terminated under or by virtue of paragraph 3 below,

 

(e)   

that, during the period of validity of any such notice or notices,

 

the landlord will not be under any obligation to make such a

 

grant as is mentioned in section 138(1) in respect of any claim to

 

exercise the right to buy in respect of any dwelling-house

 

contained in those premises,

 

(f)   

that there may be a right to compensation under section 138C in

 

respect of certain expenditure incurred in respect of any existing

 

claim.

 

Revocation or termination of initial demolition notices

 

3     (1)  

Paragraph 14(4) to (7) of Schedule 5 (revocation notices) shall apply in

 

relation to an initial demolition notice as they apply in relation to a final

 

demolition notice.

 

      (2)  

If a compulsory purchase order has been made for the purpose of

 

enabling the landlord to demolish the dwelling-house in respect of

 

which he has served an initial demolition notice (whether or not it would

 

enable him to demolish any other premises as well) and—

 

(a)   

a relevant decision within sub-paragraph (3)(a) becomes

 

effective while the notice is in force, or

 

(b)   

a relevant decision within sub-paragraph (3)(b) becomes final

 

while the notice is in force,

 

           

the notice ceases to be in force as from the date when the decision

 

becomes effective or final.

 

      (3)  

A “relevant decision” is—

 

(a)   

a decision under Part 2 of the Acquisition of Land Act 1981 to

 

confirm the order with modifications, or not to confirm the whole

 

or part of the order, or

 

(b)   

a decision of the High Court to quash the whole or part of the

 

order under section 24 of that Act,

 

           

where the effect of the decision is that the landlord will not be able, by

 

virtue of that order, to carry out the demolition of the dwelling-house.

 

      (4)  

A relevant decision within sub-paragraph (3)(a) becomes effective—


 
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