Land Compensation Act 1973

32 Supplementary provisions about home loss payments. E+W

(1) [F1 No home loss payment shall be made except on a claim in that behalf made by the person entitled thereto (“the claimant”)]; and any such claim shall be in writing and shall be accompanied or supplemented by such particulars as the authority responsible for making the payment may reasonably require to enable them to determine whether the claimant is entitled to a payment and, if so, its amount.

(2) A home loss payment shall be made not later than three months after the date on which a claim for the payment is made in accordance with subsection (1) above or, if those three months end before the date of displacement, on the date of displacement.

(3) Where the claimant has been in occupation of a dwelling or a substantial part of it as mentioned in paragraphs (a) and (b) of section 29(2) above for any period (“the claimant’s own qualifying period”) and has also for an immediately preceding period resided in the dwelling, or a substantial part of it, as his only or main residence but without being in occupation as required by those paragraphs then, if another person was, or other persons successively were, in occupation thereof as mentioned in those paragraphs throughout that preceding period, the claimant’s own qualifying period shall be treated for the purposes of section 29(2) above as including that preceding period.

(4) [F2 Where a person (“the deceased”) entitled to a home loss payment dies without having claimed it, a claim to the payment may be made], by any person, not being a minor, who—

(a) throughout a period of not less than five years ending with the date of displacement of the deceased, has resided in the dwelling, or a substantial part of it, as his only or main residence; and

(b) is entitled to benefit by virtue of testamentary dispositions taking effect on, or the law of intestate succession or the right of survivorship between joint tenants as applied to, the death of the deceased.

(5) Where the claimant has successively been in occupation of or resided in different dwellings in the same building, being dwellings consisting of a room or rooms not constructed or structurally adapted for use as a separate dwelling, section 29(2) above and subsections (3) and (4) above shall have effect as if those dwellings were the same dwelling.

(6) Where there are two or more persons entitled to make a claim to a home loss payment in respect of the same dwelling (whether by virtue of joint occupation or of subsection (4) above) the payment to be made on each claim shall be equal to the whole amount of the home loss payment divided by the number of such persons.

(7) Where an interest in a dwelling is acquired by agreement by an authority possessing compulsory purchase powers, the authority may, in connection with the acquisition, make to the person from whom the interest is acquired a payment corresponding to any home loss payment which they would be required to make to him if the acquisition were compulsory and the authority had been authorised to acquire that interest before he gave up occupation of the dwelling.

[F3 (7A) For the purposes of the M1 Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of displacement.]

[F4 (7B) Where a landlord obtains possession by agreement of a dwelling subject to a secure tenancy within the meaning of Part IV of the Housing Act 1985 and—

(a) notice of proceedings for possession of the dwelling has been served, or might have been served, specifying ground 10 or 10A in Part II of Schedule 2 to that Act, or

(b) the landlord has applied, or could apply, to the Secretary of State or the Housing Corporation [F5 or Housing for Wales] for approval for the purposes of ground 10A of a redevelopment scheme including the dwelling, or part of it,

the landlord may make to the person giving up possession a payment corresponding to any home loss payment which they would be required to make to him if an order for possession had been made on either of those grounds.]

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F1 Words substituted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(2)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F2 Words substituted by Local Government, Planning and Land Act 1980 (c. 65) s. 114(3)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F3 S. 32(7A) inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 114(4)(6) except in cases where the date of displacement was more than 6 months before 13.11.1980

F4 S. 32(7B) inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 9(4)

F5 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. II para. 94

F6 S. 32(8) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt XII

F7 Ss. 32(9), 34(7), 37(8), 41(11), 44(3), 46(8) repealed by Land Compensation (Scotland) Act 1973 (c. 56), Sch. 2 Pt. I

Marginal Citations

M1 1939 c. 21.