Housing Act 1985

582 Restriction on recovery of possession after making of compulsory purchase order. E+W

(1) This section applies where a local housing authority have made a compulsory purchase order authorising—

(a) the acquisition of a house in multiple occupation under—

• section 17 (provision of housing),

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

• section 300 (purchase of condemned house for temporary housing use), or

(b) the acquisition of land under [F2 section 93(2) of the Local Government and Housing Act 1989 (land in renewal area] on which there are premises consisting of or including housing accommodation),

and within the period specified in subsection (2) proceedings for possession of premises forming part of the house or land in question are brought in the county court against a person who was the lessee of the premises when the order was made, or became the lessee after the order was made, but is no longer the lessee.

(2) The period referred to in subsection (1) is the period beginning with the making of the compulsory purchase order and ending with—

(a) the third anniversary of the date on which the order became operative, or

(b) any earlier date on which the Secretary of State notifies the authority that he declines to confirm the order or the order is quashed by a court.

(3) Where this section applies the court may suspend the execution of any order for possession for such period, and subject to such conditions, as it thinks fit.

(4) The period of suspension ordered by the court shall not extend beyond the end of the period of three years beginning with the date on which the court makes its order or, if earlier, the date on which the compulsory purchae order became operative.

(5) The court may from time to time vary the period of suspension (but not so as to enlarge it beyond the end of the period of three years referred to in subsection (4)), or terminate it, or vary the terms of the order in other respects.

(6) If at any time—

(a) the Secretary of State notifies the authority that he declines to confirm the compulsory purchase order, or the order is quashed by a court, or

(b) the authority decide, whether before or after the order has been submitted to the Secretary of State for confirmation, not to proceed with it,

the authority shall notify the person entitled to the benefit of the order for possession and that person shall be entitled, on applying to the court, to obtain an order terminating the period of suspension, but subject to the exercise of the same discretion in fixing the date on which possession is to be given as the court might exercise if it were then making an order for possession for the first time.

(7) This section does not apply—

(a) where the person entitled to possession of the premises is the local housing authority;

(b) where [F3 , in the case of a compulsory purchase order made before 1st April 1990,] the net annual value for rating of the premises exceeds the county court limit for the purposes of section 21(1) of the M1 County Courts Act 1984 (actions for the recovery of land).

(8) In this section “house in multiple occupation” has the same meaning as in Part XI.

Textual Amendments

F1 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(d), 194(4), Sch. 9 Pt. IV para. 74, Sch. 12 Pt. II

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 85

F3 Words inserted by S.I. 1990/434, reg. 2, Sch. para. 22

Marginal Citations

M1 1984 c. 24.