|
|
|
|
|
| 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 |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| | “agreement” includes arrangement; |
|
| | “the termination date” means the date on which the order ceases |
|
| |
| 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 |
|
|
|
|
|
|
| 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. |
|
| |
| |
| Appeals: decisions relating to EDMOs |
|
| 26 (1) | A relevant person may appeal to a residential property tribunal |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| Appeals: time limits for appeals under paragraph 26 |
|
| 27 (1) | This paragraph applies in relation to an appeal under paragraph 26 in |
|
| |
| (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 |
|
| |
| (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. |
|
|
|
|
|
|
| |
| (a) | is to be by way of a re-hearing, but |
|
| (b) | may be determined having regard to matters of which the |
|
| |
| |
| (a) | in the case of an interim EDMO, vary the order as mentioned in |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| (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 |
|
| |
| 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 |
|
| |
|
|
|
|
|
| (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. |
|
| |
| (a) | is to be by way of a re-hearing, but |
|
| (b) | may be determined having regard to matters of which the |
|
| |
| (3) | The tribunal may confirm, reverse or vary the decision of the local |
|
| |
| (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 |
|
| |
| “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), |
|
| |
| (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 |
|
| |
| (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 |
|
| |
|
|
|
|
|
| (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 |
|
| |
| (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 |
|
| |
| 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. |
|
| |
| (a) | is to be by way of re-hearing, but |
|
| (b) | may be determined having regard to matters of which the |
|
| |
| (3) | The tribunal may confirm, reverse or vary the decision of the local |
|
| |
| (4) | Where the tribunal reverses or varies the decision of the authority, it |
|
| must make an order varying the management scheme contained in the |
|
| |
| 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)).” |
|
|
260 | Page 206, line 29, after “amount” insert “(not exceeding £500)” |
|
|
261 | Insert the following new Schedule— |
|
|
|
|
|
|
| “New Schedule 5a to the Housing Act 1985: initial demolition notices |
|
| |
| 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 |
|
| |
| (b) | setting out the reasons why the landlord intends to demolish the |
|
| |
| (c) | specifying the period within which he intends to demolish those |
|
| |
| (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- |
|
| |
| (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 |
|
| |
| (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 |
|
|
|
|
|
|
| (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 |
|
| |
| (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 |
|
| |
| (c) | the period within which the landlord intends to demolish those |
|
| |
| (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 |
|
| |
| 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 |
|
| |
| (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 |
|
| |
| (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— |
|
|