Housing Defects Act 1984

14 Notices

(1) A housing authority shall, within the period of three months beginning with the coming into operation of a designation under section 1 or 12 of this Act or a variation of such a designation, publish in a newspaper circulating in their area notice suitable for the purpose of bringing the effect of the designation or variation to the attention of persons who may be eligible for assistance in respect of such of the dwellings concerned as are situated within their area, unless they are of the opinion that—

(a) none of the dwellings concerned are so situated, or

(b) in respect of all of the dwellings concerned that are so situated, no person is likely to be eligible for assistance.

(2) If at any time it becomes apparent to a housing authority that a person is likely to be eligible for assistance in respect of a defective dwelling within their area, they shall forthwith take such steps as are reasonably practicable to inform him of the fact that assistance is available.

(3) A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of disposal—

(a) specifying the qualifying defect, and

(b) stating that he will not be eligible for assistance under this Act in respect of the dwelling.

(4) A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to any person on whom a notice under subsection (3) above has not been served, give him notice in writing—

(a) specifying the qualifying defect,

(b) stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Act, and

(c) stating the effect of subsection (5) below.

(5) A person on whom a notice under subsection (4) above is served—

(a) shall have the right to withdraw from the transaction and may, within the period of six months beginning with the service of that notice on him, exercise that right by notifying the authority in writing of his withdrawal, whereupon the parties to the contract shall be discharged from any obligations in connection with it and any deposit paid shall be repaid ; and

(b) shall not, in any event, be obliged to complete the conveyance before the expiry of the period referred to in paragraph (a) above.

(6) Where a public sector authority are required to serve a notice under section 5(1) of the 1980 Act (landlord's response to notice claiming exercise of right to buy) in respect of a defective dwelling, the notice under subsection (3) above is to be served with that notice.

(7) The notice under subsection (3) above (where it has not been served in accordance with subsection (6) above) or subsection (4) above is to be served at the earliest date at which it is reasonably practicable to do so.

(8) This section applies to Scotland as if—

(a) in subsection (4), for " a contract" there were substituted " completed missives ";

(b) in subsection (5), the words from " whereupon the parties " to " shall be repaid " were omitted ; and

(c) in subsection (6), for " section 5(1) of the 1980 Act" there were substituted " section 2(2), 3, 3A and 3B of the Scottish Act of 1980 ".