Land Compensation Act 1973

32 Supplementary provisions about home loss payments. E+W

[F1 (1) No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount.

(2) Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates—

(a) the date of displacement;

(b) the last day of the period of three months beginning with the making of the claim; and

(c) where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined.

(2A) Where the amount of the payment is to be determined in accordance with section 30(1) above—

(a) the acquiring authority may at any time make a payment in advance; and

(b) if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so).

(2B) The amount of the payment in advance shall be the lesser of—

(a) the maximum amount for the purposes of section 30(1) above,

(b) 10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount.

(2C) Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined.

(3) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which—

(a) he has resided in the dwelling as his only or main residence but without satisfying those conditions, and

(b) another person or other persons have satisfied those conditions,

and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it.

(3A) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).]

(4) [F2 Where a person (“the deceased”) entitled to a home loss payment dies without having claimed it, a claim to the payment may be made], by any person, not being a minor, who—

(a) throughout a period of not less than [F3 one year] ending with the date of displacement of the deceased, has resided in the dwelling, or a substantial part of it, as his only or main residence; and

(b) is entitled to benefit by virtue of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of the deceased.

(5) Where the claimant has successively been in occupation of or resided in different dwellings in the same building, being dwellings consisting of a room or rooms not constructed or structurally adapted for use as a separate dwelling, section 29(2) above and subsections [F4 (3) to (4)] above shall have effect as if those dwellings were the same dwelling.

(6) Where there are two or more persons entitled to make a claim to a home loss payment in respect of the same dwelling (whether by virtue of joint occupation or of subsection (4) above) the payment to be made on each claim shall be equal to the whole amount of the home loss payment divided by the number of such persons.

(7) Where an interest in a dwelling is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any home loss payment [F5 or discretionary payment]which they would be required [F5 or authorised] to make to him if the acquisition were compulsory and the authority had been authorised to acquire that interest before he gave up occupation of the dwelling.

[F6 (7A) For the purposes of the M1 Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement. ]

[F7 ( 7B ) Where a landlord obtains possession by agreement of a dwelling subject to a secure tenancy within the meaning of Part IV of the Housing Act 1985 and—

(a) notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground 10 or 10A in Part II of Schedule 2 to that Act, or

(b) the landlord has applied, or could apply, to the Secretary of State or the [F8 Regulator of Social Housing] F9 . . . for approval for the purposes of ground 10A of a redevelopment scheme including the dwelling, or part of it,

the landlord may make to [F10 any person giving up possession or occupation] a payment corresponding to any home loss payment [F5 or discretionary payment] which they would be required [F5 or authorised] to make to him if an order for possession had been made on either of those grounds.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F1 S. 32(1)-(3A) substituted (25.09.1991) for s. 32(1)-(3) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(4)(9) (with s. 84(5)); S.I. 1991/2067, art. 3.

F2 Words substituted by Local Government, Planning and Land Act 1980 (c. 65) s. 114(3)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F3 Words in s. 32(4) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(5)(9)(with s. 84(5)); S.I. 1991/2067, art. 3

F4 Words in s. 32(5) substituted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(6)(9) (with s. 84(5)); S.I. 1991/2067, art. 3.

F5 Words in s. 32(7)(7B) inserted (25.09.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 68(7)(9) (with s. 84(5)); S.I. 1991/2067, art. 3.

F6 S. 32(7A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(4)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F7 S. 32(7B) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(4)

F8 Words in s. 32(7B)(b) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 5 (with art. 6, Sch. 3)

F9 Words in s. 32(7B)(b) repealed (1.11.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. VI (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 5

F10 Words in s. 32(7B) substituted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 70, Sch. 15 para. 23 (with s. 84(5)); S.I. 1991/2067, art. 3.

F11 S. 32(8) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt XII

F12 S. 32(9) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Modifications etc. (not altering text)

C1 S. 32(7B) modified (1.12.2008) by Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)

Marginal Citations

M1 1939 c. 21.