Housing Act 1988

104 Duty to complete and consequences of completion. E+W

(1) Where the applicant has served on the landlord a notice under section 103(1) above, then, as soon as any dispute as to any matters stated in that notice has been determined and, where appropriate, any determination has been made under section 103(7) above—

(a) the landlord shall make to the applicant a grant of the property included in the acquisition for an estate in fee simple absolute, but subject to any rights to be retained by the landlord; and

(b) the applicant shall grant to the landlord leases of any flats of which he is required to grant leases by regulations under section 100 above.

(2) The terms of any grant or lease under subsection (1) above shall comply with such requirements as may be prescribed.

[F1 (2A) In such cases as may be prescribed and where the applicant has been notified as mentioned in section 99(7) above, a disposal cost may be paid by instalments of such amounts (which may include interest) and payable at such times and over such period as may be prescribed.]

(3) The duties imposed by the preceding provisions of this section are enforceable by injunction.

(4) Notwithstanding anything in section 141 of the M1 Law of Property Act 1925 (rent and benefit of lessee’s covenants to run with the reversion) any rent or other sum which—

(a) arises under a tenancy of any property included in the acquisition, and

(b) falls due before the date of the grant under subsection (1) above,

shall continue to be recoverable by the landlord to the exclusion of the applicant and of any other person in whom the reversion on the tenancy may become vested.

(5) Without prejudice to the application of [F2 Part IV of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities)] to the price received by the landlord on the disposal (as mentioned in subsection (1)(a) above) of the property included in the acquisition, where there is a disposal cost attributable to that property any payments made by the landlord in respect of that cost shall be [F2 expenditure for capital purposes] for the purposes of that Part.

Textual Amendments

F1 S. 104(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 174(4)

F2 Words substituted by S.I. 1990/778, art. 2, Sch. para. 2

Marginal Citations

M1 1925 c. 20.