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| Thursday 24th January 2008 |
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| Housing and Regeneration Bill
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| [thirteenth and fourteenth Sittings]
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| | Implied term as to fitness for human habitation |
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| To move the following Clause:— |
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| | ‘In section 8 of the Landlord and Tenant Act 1985, for subsections (3) and (4), |
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| | substitute the following— |
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| | ‘(3) | This section applies to a contract for the letting of a house for a term of |
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| | (4) | In determining whether the letting is one to which this section applies, the |
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| | provisions of section 13(2) shall apply.’. |
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| | Right to buy: power for local authorities to vary discount levels |
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| To move the following Clause:— |
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| | ‘(1) | For section 129 of the Housing Act 1985 there shall be substituted: |
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| | (1) | Subject to the following provisions of this Part, a landlord authority may |
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| | determine that a person exercising the right to buy shall be entitled to a |
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| | discount in the purchase price of such amount as the authority may |
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| | (2) | For the purposes of subsection (1), a landlord authority shall by |
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| | resolution prescribe the amounts of any such discount. |
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| | (3) | Any discount so prescibed by the authority shall be calculated or set by |
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| | reference to the period which is to be taken into account in accordance |
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| | with Schedule 4 (qualifying period for right to buy and discount). |
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| | (4) | A resolution in accordance with subsection (2) may make different |
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| | provision with respect to different cases or descriptions of properties. |
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| | (5) | The Secretary of State may by order provide that, in such cases as may |
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| | be specified in the order, the maximum discount which may be permitted |
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| | by a landlord authority under subsection (2). |
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| | (6) | An order under subsection (4) may make different provision with respect |
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| | to different authorities or regions, or with respect to different cases or |
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| | descriptions of properties. |
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| | (7) | If a landlord authority decides not to exercise its power under subsection |
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| | (1), nothing in this section shall require it to do so.’. |
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| | Mandatory licensing of houses in multiple occupation |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘In section 55 of the Housing Act 2004, for subsection (2), substitute the |
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| | “(2) | This Part applies to the following HMOs in the case of each local housing |
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| | (a) | any HMO which comprises three storeys or more or which is |
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| | occupied by four or more persons who live in two or more |
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| | (b) | any other HMO which falls within any prescribed description of |
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| | (c) | if an area is for the time being designated by the authority under |
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| | section 56 as subject to additional licensing, any HMO in that |
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| | area which falls within any description of HMO specified in the |
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| | Code of practice for the private rented sector |
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| To move the following Clause:— |
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| | ‘The appropriate national authority may by order— |
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| | (a) | approve a code of practice (whether prepared by that authority or any |
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| | other person) establishing standards of conduct and practice to be |
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| | followed with regard to the management of residential property (other |
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| | than property controlled or managed by the bodies specified in paragraph |
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| | 2 of Schedule 14 to the Housing Act 2004); |
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| | (b) | approve a modification of such a code; or |
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| | (c) | withdraw the authority’s approval of such a code or modification.’. |
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| | Statutory overcrowding: definition of overcrowding |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘For section 324 of the Housing Act 1985 there is substituted— |
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| | “324 | Definition of overcrowding |
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| | (1) | A dwelling is overcrowded for the purposes of this Part when the number |
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| | of persons sleeping in the dwelling is such as to contravene— |
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| | (a) | the standard specified in section 325 (‘the bedroom standard’), or |
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| | (b) | the standard specified in section 326 (‘the space standard’).”.’. |
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| | Statutory overcrowding: bedroom standard |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘For section 325 of the Housing Act 1985 there is substituted— |
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| | “325 | The bedroom standard |
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| | (1) | The bedroom standard is contravened when the number of bedrooms |
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| | available to the occupiers of a dwelling is less than the number of |
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| | bedrooms allocated to them in aggregate in accordance with the formula |
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| | set out below in subsection (4). |
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| | (2) | No account shall be taken for the purposes of the bedroom standard of a |
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| | room having a floor area of less than 50 square feet. |
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| | (3) | A room is available as a bedroom if it is of a type normally used in the |
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| | (4) | For the purposes of the bedroom standard a separate bedroom shall be |
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| | allocated to the following persons:— |
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| | (i) | a person living together with another as husband and |
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| | wife (whether that other person is of the same sex or the |
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| | (ii) | a person aged 21 years or more; |
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| | (iii) | two persons of the same sex aged 10 years to 20 years; |
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| | (iv) | two persons (whether of the same sex or not) aged less |
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| | (v) | two persons of the same sex where one person is aged |
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| | between 10 years and 20 years and the other is aged less |
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| | (vi) | any person aged 21 years in any case where he or she |
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| | cannot be paired with another occupier of the dwelling |
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| | so as to fall within (iii), (iv) or (v) above.”.’. |
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| | Statutory overcrowding: space standard |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘For section 326 of the Housing Act 1985 there is substituted— |
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| | (1) | The space standard is contravened when the number of persons sleeping |
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| | in a dwelling is in excess of the permitted number, having regard to the |
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| | floor area of the rooms of the dwelling available as bedrooms. |
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| | (a) | a child under the age of five shall be reckoned as half a unit and |
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| | a person aged five or over shall be reckoned as one unit, and |
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| | (b) | a room is available as a bedroom if it is of a type normally used |
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| | in the locality as a bedroom. |
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| | (3) | The permitted number of persons in relation to a dwelling is the |
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| | aggregate for all such rooms in the dwelling of the numbers specified in |
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| | column 2 of the Table set out below in relation to each room of the floor |
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| | area specified in column 1. |
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| | No account shall be taken for the purposes of the space standard of a |
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| | room having a floor area of less than 50 square feet. |
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| | | | | | | | | | | 90 sq. ft. or more but less than 110 sq. ft. |
| | | | | 70 sq. ft. or more but less than 90 sq. ft. |
| | | | | 50 sq. ft. or more but less than 70 sq. ft. |
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| | (4) | The Secretary of State may by regulations prescribe the manner in which |
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| | the floor area of a room is to be ascertained for the purposes of this |
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| | section; and the regulations may provide for the exclusion from |
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| | computation, or the bringing into computation at a reduced figure, of |
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| | floor space in a part of the room which is of less than a specified height |
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| | not exceeding eight feet. |
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| | (5) | Regulations under subsection (4) shall be made by statutory instrument, |
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| | which shall be subject to annulment in pursuance of a resolution of either |
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| | (6) | A certificate of the local housing authority stating the number and floor |
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| | areas of the rooms in a dwelling, and that the floor areas have been |
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| | ascertained in the prescribed manner, is prima facie evidence for the |
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| | purposes of legal proceedings of the facts stated in it.”.’. |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘(1) | In the Protection from Eviction Act 1977 (c. 43), after section 3(3), insert the |
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| | “(4) | In this section premises shall be treated as let as a dwelling, or occupied |
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| | as a dwelling, if the occupier is for the time being residing there, except |
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| | that B & B accommodation and hostel accommodation shall not be |
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| | (5) | In subsection (4), “B & B accommodation” has the same meaning as in |
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| | the Homelessness (Suitability of Accommodation) (England) Order 2003 |
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| | and “hostel” has the same meaning as in section 622 of the Housing Act |
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| | (2) | In the Protection from Eviction Act 1977, after section 3A(9), insert the |
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| | “(10) | Where a person lawfully occupies any residential premises under an |
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| | excluded tenancy or excluded licence, he shall not be evicted from such |
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| | premises except following the expiry of a reasonable period of notice. |
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| | (11) | For the avoidance of doubt, an excluded tenant or excluded licensee shall |
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| | not be compelled to leave accommodation by the landlord or the |
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| | landlord’s agents following the expiry of a reasonable period of notice |
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| | while he is physically present within those premises. |
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| | (12) | For the purposes of subsections (10) and (11) above, a licence of |
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| | accommodation in a B & B or hostel shall be treated as an excluded |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘(1) | The Housing Act 1996 (c. 52) is amended as follows. |
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| | (2) | After paragraph (d) of section 189(i) (Priority need for accommodation) insert— |
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| | “(e) | A person without dependant children who has been subject to |
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| | domestic violence or is at risk of such violence, or if he or she |
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| | returns home is at risk of domestic violence.”.’. |
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| | Eligibility for housing assistance |
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| Dr Roberta Blackman-Woods |
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| To move the following Clause:— |
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| | ‘In section 185(4) of the Housing Act 1996 (c. 52) (Persons from abroad not |
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| | eligible for housing assistance) omit paragraph (b).’. |
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| New Schedule Relating to Part 3 |
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| To move the following Schedule:— |
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| | 1 | Schedule 5 to the Housing Act 1985 (c. 68) (exceptions to the right to buy: |
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| | final demolition notices) is amended as follows. |
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| | 2 (1) | Paragraph 13 (final demolition notices) is amended as follows. |
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| | (2) | In sub-paragraph (5) (period of validity of final demolition notices)— |
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| | (a) | omit the “and” following paragraph (a), |
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| | (b) | in paragraph (b) for “(7)” substitute “(7A)”, and |
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| | (c) | after paragraph (b) insert “and |
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| | (c) | the provisions of paragraph 15A.” |
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| | (3) | In sub-paragraph (9) (certain references to landlord to include superior |
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| | landlord) after “15” insert “(other than paragraph 15(7A)”. |
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| | 3 (1) | Paragraph 15 (extension or revocation etc. of final demolition notices) is |
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| | (2) | After sub-paragraph (7) (revocation notices) insert— |
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| | “(7A) | Sub-paragraphs (4) to (7) do not apply if the landlord is selling or |
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| | otherwise transferring his interest as landlord to another person or |
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| | is offering it for sale or for other transfer.” |
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| | (3) | In sub-paragraph (8) (restrictions on service of further notices)— |
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| | (a) | after “in respect of it” insert “, by the landlord who served the earlier |
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| | notice or any landlord who served a continuation notice in respect of |
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| | (b) | after “when the” insert “earlier”, and |
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| | (c) | in paragraph (a) for “it” substitute “the further notice”. |
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| | 4 | After paragraph 15 insert— |
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| | “15A (1) | This paragraph applies if— |
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| | (a) | a final demolition notice is in force in respect of a dwelling- |
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| | (b) | the landlord transfers his interest as landlord to another |
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| | (2) | The final demolition notice (“the original notice”) continues in |
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| | force but this is subject to— |
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| | (a) | paragraphs 13(5) and 15, and |
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| | (b) | the following provisions of this paragraph. |
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| | (3) | Sub-paragraph (4) applies if the transferee— |
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| | (a) | intends to demolish the dwelling-house, but |
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| | (i) | served a continuation notice, and |
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