Housing Act 1985

[F1 15 (1) The Secretary of State may, on an application by the landlord, give a direction extending or further extending the period during which a final demolition notice is in force in respect of a dwelling-house. E+W

(2) A direction under sub-paragraph (1) may provide that any extension of that period is not to have effect unless the landlord complies with such requirements relating to the service of further notices as are specified in the direction.

(3) A direction under sub-paragraph (1) may only be given at a time when the demolition notice is in force (whether by virtue of paragraph 13 or this paragraph).

(4) If, while a final demolition notice is in force, the landlord decides not to demolish the dwelling-house in question, he must, as soon as is reasonably practicable, serve a notice (“ a revocation notice ”) on the tenant which informs him—

(a) of the landlord’s decision, and

(b) that the demolition notice is revoked as from the date of service of the revocation notice.

(5) If, while a final demolition notice is in force, it appears to the Secretary of State that the landlord has no intention of demolishing the dwelling-house in question, he may serve a notice (“a revocation notice”) on the tenant which informs him—

(a) of the Secretary of State’s conclusion, and

(b) that the demolition notice is revoked as from the date of service of the revocation notice.

Section 169 applies in relation to the Secretary of State’s power under this sub-paragraph as it applies in relation to his powers under the provisions mentioned in subsection (1) of that section.

(6) But the Secretary of State may not serve a revocation notice unless he has previously served a notice on the landlord which informs him of the Secretary of State’s intention to serve the revocation notice.

(7) Where a revocation notice is served under sub-paragraph (4) or (5), the demolition notice ceases to be in force as from the date of service of the revocation notice.

[F2 (7A) Sub-paragraphs (4) to (7) do not apply if the landlord is selling or otherwise transferring his interest as landlord to another person or is offering it for sale or for other transfer.]

(8) Once a final demolition notice [F3 (“the earlier notice”)] has (for any reason) ceased to be in force in respect of a dwelling-house without it being demolished, no further final demolition notice [F4 (and no initial demolition notice)] may be served in respect of it [F5 , by the landlord who served the earlier notice or any landlord who served a continuation notice in respect of the earlier notice,] during the period of 5 years following the time when the [F6 earlier] notice ceases to be in force, unless—

(a) [F7 the further final demolition notice (or, as the case may be, the initial demolition notice)] is served with the consent of the Secretary of State, and

(b) it states that it is so served.

(9) The Secretary of State’s consent under sub-paragraph (8) may be given subject to compliance with such conditions as he may specify.

[F8 (10) In sub-paragraph (8) “ initial demolition notice ” has the meaning given by paragraph 1 of Schedule 5A (initial demolition notices). ]]

Textual Amendments

F1 Sch. 5 paras. 13-16 and preceding cross-heading inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 182, 270(3)(a)

F2 Sch. 5 para. 15(7A) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(2) (with Sch. 13 para. 14)

F3 Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(a) (with Sch. 13 para. 14)

F4 Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(b) (with Sch. 13 para. 14)

F5 Words in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(c) (with Sch. 13 para. 14)

F6 Word in Sch. 5 para. 15(8) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(d) (with Sch. 13 para. 14)

F7 Words in Sch. 5 para. 15(8)(a) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(3)(e) (with Sch. 13 para. 14)

F8 Sch. 5 para. 15(10) inserted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 3(4) (with Sch. 13 para. 14)