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Housing Act 1985

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Changes over time for: Section 317

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Changes to legislation:

Housing Act 1985, Section 317 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

317 Power of court to determine lease where premises demolished F1. . . .E+W

(1)Where premises in respect of which a demolition F2. . . order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to [F3the appropriate tribunal] for an order determining or varying the lease.

(2)On the application the [F4tribunal] may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.

(3)The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the [F5tribunal] may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

(4)In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

Textual Amendments

F1S. 317: words in sidenote repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art.2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F2Words in s. 317(1) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.)

F4Words in s. 317(2) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(4)(b), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

F5Words in s. 317(3) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(4)(b), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

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