Housing Act 1969

Section 66.

SCHEDULE 4 Part I of Schedule 2 to the Housing Act 1957 as it has effect by virtue of Section 66 of this Act

PART I Ascertainment of amount payable for well maintained houses

1 (1) Subject to the following provisions of this Part of this Schedule, the amount of any payment made in respect of a house under section 30 or section 60 of this Act shall be an amount equal to the rateable value of the house multiplied by four or such other multiplier as the Minister may by order made by statutory instrument prescribe.

(2) The amount shall not in any case exceed the amount (if any) by which the full value of the house (that is to say the amount which would have been payable as compensation if it had been purchased compulsorily but not as being unfit for human habitation) exceeds the site value thereof (that is to say the amount which is payable as compensation by virtue of its being purchased compulsorily as being unfit for human habitation, or which would have been so payable if it had been so purchased); and any question as to such value shall be determined, in default of agreement, as if it had been a question of disputed compensation arising on such a purchase.

(3) Where a payment falls to be made in respect of any interest in the house under Part II of this Schedule or under Schedule 5 to the Housing Act 1969, no payment shall be made in respect of that house under this Part of this Schedule unless the other payment relates to part only of the house, and in that case such part only of the amount which Would otherwise be payable in accordance with the preceding provisions of this Part of this Schedule shall be payable as may reasonably be attributed to the remainder of the house.

2 An order made by the Minister under this Part of this Schedule shall be of no effect unless it is approved by a resolution of each House of Parliament.

3 (1) For the purposes of this Part of this Schedule the rateable value of a house shall be determined as follows :—

(a) if the house is a hereditament for which a rateable value is shown in the valuation list in force on the relevant date, it shall be that rateable value ;

(b) if the house forms part only of such a hereditament or consists of or forms part of more than one such hereditament, its rateable value shall be taken to be such value as is found by a proper apportionment or aggregation of the rateable value or values so shown.

(2) Any question arising under this paragraph as to the proper apportionment or aggregation of any value or values shall be referred to and determined by the valuation officer (within the meaning of the [1967 c. 9.] General Rate Act 1967).

(3) In this paragraph " the relevant date", in relation to any house, means—

(a) if the house was vacated in pursuance of a demolition order or closing order or was declared unfit for human habitation by an order under paragraph 2 of Schedule 2 to the [1961 c. 33.] Land Compensation Act 1961, the date when the order was made ;

(b) if the house was purchased compulsorily in pursuance of a notice served under section 19 of this Act, the date when the notice was served ;

(c) if the house was comprised in an area declared a clearance area, the date on which the area was so declared ;

(d) if the house was purchased compulsorily under section 12 of this Act, the date on which the notice mentioned in that section was served ;

(e) if the house might have been the subject of a demolition order but was, without the making of such an order, vacated and demolished in pursuance of an undertaking for its demolition given to the local authority, the date on which the undertaking was given.