Land Compensation Act 1973

Changes over time for: Section 39

Version Superseded: 01/10/1998

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Land Compensation Act 1973, Section 39 is up to date with all changes known to be in force on or before 17 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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39 Duty to rehouse residential occupiers. E+W

(1)Where a person is displaced from residential accommodation on any land in consequence of—

(a)the acquisition of the land by an authority possessing compulsory purchase powers;

(b)the making F1. . . or acceptance of a housing order F1. . . or undertaking in respect of a house or building on the land;

(c)where the land has been previously acquired by an authority possessing compulsory purchase powers or appropriated by a local authority and is for the time being held by the authority for the purposes for which it was acquired or appropriated, the carrying out of [F2any improvement to a house or building on the land or of] redevelopment on the land,

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and suitable alternative residential accommodation on reasonable terms is not otherwise available to that person, then, subject to the provisions of this section, it shall be the duty of the relevant authority to secure that he will be provided with such other accommodation.

(2)Subsection (1) above shall not by virtue of paragraph (a) thereof apply to a person if the acquisition is in pursuance of the service by him of a blight notice within the meaning of [F4section 149 of the Town and Country Planning Act 1990]

(3)Subsection (1) above shall not apply to any person who is a trespasser on the land or who has been permitted to reside in any house or building on the land pending its demolition [F5or improvement].

(4)Subsection (1) above shall not apply to any person to whom money has been advanced—

(a)under section 41 below;

(b)under the Small Dwellings Acquisition Acts 1899 to 1923 or section 43 of the M1Housing (Financial Provisions) Act 1958 [F6or section 435 of the Housing Act 1985];

F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)by a development corporation or the Commission for the New Towns otherwise than under section 41 below,

[F8(f)by the Development Board for Rural Wales]

for the purpose of enabling him to obtain accommodation in substitution for that from which he is displaced as mentioned in that subsection.

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of any such acquisition [F10improvement] or redevelopment as is mentioned in paragraph (a) or (c) of that subsection unless he was residing in the accommodation in question—

(a)in the case of land acquired under a compulsory purchase order, at the time when notice was first published of the making of the order prior to its submission for confirmation or, where the order did not require confirmation, of the preparation of the order in draft;

(b)in the case of land acquired under an Act specifying the land as subject to compulsory acquisition, at the time when the provisions of the Bill for the Act specifying the land were first published;

(c)in the case of land acquired by agreement, at the time when the agreement was made;

and a person shall not be treated as displaced in consequence of any such order F1. . . or undertaking as is mentioned in paragraph (b) of that subsection [F11or of such an improvement notice as is mentioned in paragraph (d) of that subsection] unless he was residing in the accommodation in question at the time when the order was made F1. . . [F12the undertaking was accepted or the notice was served].

[F13(6A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the carrying out of any improvement to a house or building or of the service of such an improvement notice as is mentioned in paragraph (d) of that subsection unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of the works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carrying out of the work specified in the notice.]

(7)[F14Subject to subsection (8) below, the ’relevant authority’ for the purpose of this section is the local housing authority within the meaning of the Housing Act 1985.]

(8)Where the land is in an area designated as the site of a new town—

(a)paragraph (c) of subsection (1) above shall apply if the land on which the redevelopment is carried out has been previously acquired by the development corporation and is for the time being held either by that corporation or by the Commission for the New Towns;

(b)if the authority by whom the land is acquired or redeveloped is the development corporation, that corporation shall, in a case falling within paragraph (a) or (c) of that subsection, be the relevant authority for the purposes of this section;

(c)if the authority by whom the land is redeveloped is the Commission for the New Towns, the Commission shall, in a case falling within paragraph (c) of that subsection, be the relevant authority for the purposes of this section.

[F15(d)if the authority by whom the land is acquired or redeveloped is the Development Board for Rural Wales, that Board shall, in a case falling within paragraph (a) or (c) of that subsection, be the relevant authority for the purposes of this section.]

F16(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section “a housing order F17. . . or undertaking” [F18“improvement”] and “redevelopment” have the same meaning as in section 29 above.

Textual Amendments

F1Words repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

F2Words inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1)

F3S. 39(1)(d) (which was inserted by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(1)) repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1), s. 194(4), Sch. 12 Pt. II

F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 29(6)

F5Words added by Housing Act 1974 (c. 44), s. 130, Sch. 13 para. 40(2)

F6Words inserted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 24(4)(b)

F7S. 39(4)(c) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

F8S. 39(4)(f) inserted by Development of Rural Wales Act 1976 (c. 75), Sch. 7 para. 10(2)

F9S. 39(5) repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I