Yn ddilys o 22/09/2008
6E+WSchedule 5A to the Housing Act 1985 (c. 68) (initial demolition notices) is amended as follows.
7E+WIn paragraph 1(4)(b) (initial demolition notices: maximum specified period to carry out demolition) for “five” substitute “ seven ”.
8E+WIn paragraph 2(1) (period of validity of initial demolition notices) for “paragraph 3” substitute “ paragraphs 3 and 3A ”.
9E+WIn paragraph 3(1) (revocation of initial demolition notices: application of paragraph 15(4) to (7) of Schedule 5 to that Act) for “(7)” substitute “ (7A) ”.
10E+WAfter paragraph 3 insert—
3A(1)This paragraph applies if—
(a)an initial demolition notice is in force in respect of a dwelling-house, and
(b)the landlord transfers his interest as landlord to another person.
(2)The initial demolition notice (“the original notice”) continues in force but this is subject to—
(a)paragraphs 2 and 3, and
(b)the following provisions of this paragraph.
(3)Sub-paragraph (4) applies if the transferee—
(a)intends to demolish the dwelling-house, but
(b)has not—
(i)served a continuation notice, and
(ii)complied with the conditions in sub-paragraphs (8) and (10),
within the period of 2 months beginning with the date of transfer.
(4)The transferee must proceed under paragraph 15(4) of Schedule 5 as applied by paragraph 3(1) above as if the transferee has decided not to demolish the dwelling-house (and paragraph 15(5) to (7) of that Schedule as so applied applies on the same basis).
(5)A continuation notice is a notice—
(a)stating that the transferee—
(i)has acquired the interest concerned, and
(ii)intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),
(b)setting out the reasons why the transferee intends to demolish the relevant premises,
(c)stating that the original notice is to continue in force, and
(d)explaining the continued effect of the original notice.
(6)A continuation notice may not vary the period specified in the original notice in accordance with paragraph 1(1)(c).
(7)Sub-paragraph (8) applies if—
(a)the dwelling-house is contained in a building which contains one or more other dwelling-houses, and
(b)the transferee intends to demolish the whole of the building.
(8)The transferee must serve a continuation notice on the occupier of each of the dwelling-houses contained in the building (whether addressed to him by name or just as “the occupier”).
(9)An accidental omission to serve a continuation notice on one or more occupiers does not prevent the condition in sub-paragraph (8) from being satisfied.
(10)Paragraph 13(7) of Schedule 5 applies in relation to the transferee's intention to demolish so as to impose a condition on the transferee for a notice to appear within the period of 2 months beginning with the date of transfer; and paragraph 2(3) above applies for this purpose.
(11)Sub-paragraphs (7) to (10) above apply instead of paragraph 2(2) and (3) in relation to an initial demolition notice so far as continued in force under this paragraph.”
11(1)Paragraph 4 (restrictions on service of further notices) is amended as follows.E+W
(2)In sub-paragraph (2) (further initial demolition notices)—
(a)after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and
(b)in paragraph (a) for “it” substitute “ the further notice ”.
(3)In sub-paragraph (3) (final demolition notices)—
(a)after “dwelling-house” insert “ , by the landlord who served the relevant notice or any landlord who served a continuation notice in respect of the relevant notice, ”, and
(b)in paragraph (a) for “it” substitute “ the final demolition notice ”.
12E+WIn paragraph 5 (notices under Schedule 5A) for “or 15” substitute “ , 15 or 15A ”.
13E+WIn paragraph 6(1) (interpretation) after “Schedule” insert “ (other than paragraph 3A) ”.