SCHEDULES

SCHEDULE 3ALTERNATIVE ACCOMMODATION

Article 11.

Interpretation

1

In this Schedule—

  • “dwelling-house” has the same meaning as in Article 11;

  • “prospective tenant” means the person who is to be granted a secure tenancy under paragraph (2) of Article 11 or, as the case may be, a periodic tenancy under paragraph (3) of that Article; and

  • “current dwelling-house” means the dwelling-house which, on the assumption that the circumstances do not fall within paragraph 2, would be required to be let to the prospective tenant under that Article.

Cases where change of dwelling-house is necessary

2

Circumstances fall within this paragraph if either of the following cases is applicable to them—

Case 1

By reason of the condition of any building of which the current dwelling-house consists of or which it forms part, the dwelling-house may not safely be occupied for residential purposes.

  • Case 2

The Executive intends, within a reasonable time of the completion of its acquisition of the interest concerned—

a

to demolish or reconstruct the building which consists of or includes the defective dwelling in question, or

b

to carry out work on any building or land in which the interest concerned subsists,

and cannot reasonably do so if the current dwelling-house remains in residential occupation.

Suitability of accommodation

3

The suitability of accommodation is to be assessed by reference to the following matters, namely—

a

whether it is similar as regards extent and character to the accommodation afforded by the current dwelling-house;

b

whether it is reasonably suitable to the means of the prospective tenant and his family; and

c

whether it is reasonably suitable to the needs of the prospective tenant and his family having regard to the proximity to place of work and place of education.