Search Legislation

Housing Act 1974

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Housing Act 1974 (Schedules only)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Housing Act 1974. Help about Changes to Legislation

SCHEDULES

F1SCHEDULE 1E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Schs. 1, 5 Pt. II paras. 1, 2, 3, 5 and Schs. 7, 9, 10A repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. 1 (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(3), Sch. 24

F2SCHEDULE 2E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 2 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Section 18.

SCHEDULE 3E+W+S Housing Association Tenancies

F3Parts I, IIE+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 3 repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and Sch. 3 Pts. I, II repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

[F4Part III]E+WM1Application of Rent (Scotland) Act 1971

Textual Amendments

F4Sch. 3 repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and Sch. 3 Pts. I, II repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Marginal Citations

13(1)The provisions of this paragraph apply on and after the operative date in any case where—E+W

(a)a tenancy of a dwelling-house under which the interest of the landlord belonged to a housing association has come to an end at a time before the operative date (whether before or after the passing of this Act), and

(b)on the date when it came to an end, the tenancy was one to which sections 60 to 66 of the 1972 Act applied, and

(c)if the tenancy had come to an end after the operative date it would, by virtue of section 18(1) of this Act, have then been a protected tenancy.

(2)No order for possession of the dwelling-house shall be made which would not be made if the tenancy had been a protected tenancy at the time it came to an end.

(3)Where a court has made an order for possession of the dwelling-house before the operative date, but the order has not been executed, the court, if of opinion that the order would not have been made if the tenancy had been a protected tenancy when it came to an end may, on the application of the person against whom it was made, rescind or vary it in such manner as the court thinks fit for the purpose of enabling him to continue in possession.

(4)If on the operative date the person who was the tenant under the tenancy which has come to an end duly retains possession of the dwelling-house, he shall be deemed to do so as a statutory tenant under a regulated tenancy and as a person who became a statutory tenant on the termination of a protected tenancy under which he was the tenant.

(5)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have been the first successor, within the meaning of Schedule 1 to the 1971 Act he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 2 or paragraph 3 of that Schedule.

(6)If on the operative date a person duly retains possession of the dwelling-house as being a person who, in the circumstances described in paragraph 1(3)(c) above, would have become the statutory tenant on the death of a first successor, he shall be deemed to do so as the statutory tenant under a regulated tenancy and as a person who became a statutory tenant by virtue of paragraph 6 or paragraph 7 of Schedule 1 to the 1971 Act.

(7)References in the preceding provisions of this paragraph to a person duly retaining possession of a dwelling-house are references to his retaining possession without any order for possession having been made or, where such an order has been made,—

(a)during any period while its operation is postponed or its execution is suspended; or

(b)after it has been rescinded.

(8)Subject to sub-paragraph (9) below, the tenancy referred to in sub-paragraph (1) above shall be treated as the original contract of tenancy for the purposes of section 12 of the 1971 Act (terms and conditions of statutory tenancies) in relation to a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above.

(9)The court may by order vary all or any of the terms of a statutory tenancy imposed by any of sub-paragraphs (4) to (6) above in any way appearing to the court to be just and equitable (and whether or not in a way authorised by the provisions of sections 22 and 23 of the 1971 Act).

14(1)This paragraph applies to—E+W

(a)a tenancy which becomes a protected tenancy by virtue of section 18(1) of this Act;

(b)a statutory tenancy which is deemed to arise under paragraph 13 above; and

(c)a statutory tenancy arising on the termination of any such tenancy as is referred to in head (a) or (b) of this sub-paragraph.

(2)The contractual rent limit for any contractual period of a tenancy to which this paragraph applies or the limit of rent recoverable for any statutory period of that tenancy shall be determined as follows—

(a)where no rent has been registered for the dwelling-house under the previous housing association tenancy, the limit for the purposes of section 19(1) or, subject to sections 22 to 24, of section 21(1) of the 1971 Act, shall be the rent recoverable for the last rental period of that tenancy determined in accordance with section 62(3) of the 1972 Act, until either—

(i)a rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)a rent agreement with a tenant having security of tenure is entered into with respect to the dwelling-house;

(b)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was that registered rent, the limit, for the purposes of section 19(2) or section 21(2) of the 1971 Act, but subject to the provisions of those sections, shall be the registered rent until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(c)where a rent has been registered for the dwelling-house under the previous housing association tenancy and the rent recoverable for the last rental period of that tenancy was determined in accordance with section 63 of the 1972 Act, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit as determined in accordance with the said section 63 of the 1972 Act and, for this purpose, that registration and the provisions of sections 62(4), 63(2) to (4) and 67 of that Act shall subject to the provisions of sub-paragraph (3) of this paragraph, continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applied, until either—

(i)a new rent is registered for the dwelling-house under Part IV of the 1971 Act, or

(ii)the rent registered for the dwelling-house is cancelled in terms of section 44A of the 1971 Act;

(d)where a rent has been registered for the dwelling-house and the Secretary of State has given a direction under section 64(4) of the 1972 Act, specifying the rent limit for the dwelling-house under the previous housing association tenancy, the limit, for the purposes of section 19(2) or of section 21(2) of the 1971 Act, shall be the rent limit specified in the direction and, for this purpose, the provisions of sections 62(1), (2), (4) and (5), 64 and 67 of the 1972 Act shall continue to apply or, as the case may require, shall apply to the rent of a dwelling-house under a tenancy to which this paragraph applies as if that tenancy had been a tenancy to which sections 60 to 66 of the 1972 Act applies, until—

(i)the direction ceases to have effect (whether because any condition included in the direction is not complied with or because the period for which the direction has effect ends), or

(ii)a new rent is registered for the dwelling-house under Part IV of the 1971 Act (whether or not the new rent exceeds the rent provisionally registered or the rent specified in the direction);

and where any of the events specified in the foregoing provisions of this sub-paragraph take place the said limits shall be determined in accordance with the provisions of the Rent (Scotland) Acts 1971 and 1972.

(3)In the application, by virtue of sub-paragraph (2)(c) of this paragraph, of subsection (2) of section 63 of the 1972 Act to the rent of a dwelling-house subject to a statutory tenancy which is deemed to arise under paragraph 13 above, that subsection shall be deemed to have continued to apply throughout the period between the termination of the tenancy referred to in paragraph 13(1)(a) above and the operative date; but nothing in this sub-paragraph shall affect the rent recoverable for that dwelling-house at any time during that period.

(4)In the case where sub-paragraph (2)(c) of this paragraph applies, and the rent limit therein referred to is the rent limit as determined in accordance with section 63 of the 1972 Act, any notice of increase under section 21(2)(b) of the 1971 Act shall not increase the rent for any statutory period of a tenancy to which this paragraph applies above the rent limit as so determined, and any such notice which purports to increase it further shall have effect to increase it to that limit but no further.

(5)In the application of section 24(1) of the 1971 Act (increase of rent for improvements) to a tenancy to which this paragraph applies, for the reference to 8th December 1965 (the date after which the improvement must be completed) there shall be substituted a reference to the operative date.

(6)Section 42 of the 1971 Act (determination of fair rent) shall apply in relation to a tenancy to which this paragraph applies as if the reference in subsection (3) of the said section 42 to the tenant under the regulated tenancy included references to the tenant under the previous housing association tenancy.

(7)Any right conferred upon a tenant by section 31 of the 1971 Act, as applied by section 62(5) of the 1972 Act, to recover any amount by deducting it from rent should be exercisable by deducting it from rent for any rental period beginning after the tenancy has become a tenancy to which this paragraph applies to the same extent as the right would have been exercisable if the tenancy had not become such a tenancy.

(8)The fact that the tenancy has become a tenancy to which this paragraph applies should not be taken as affecting any court proceedings which are pending under section 67(3) of the 1972 Act at the time when the tenancy becomes such a tenancy and a decision on which may affect the recoverable rent for any period before that time or the rent under the tenancy to which this paragraph applies so far as that depends upon the recoverable rent before that time.

15E+WThe sheriff shall have jurisdiction, either in the course of any proceedings relating to a dwelling-house or on an application made for the purpose by the landlord or the tenant, to determine any question—

(a)as to the application of this Part of this Schedule to any tenancy or as to any matter which is or may become material for determining any such question, or

(b)as to the amount of rent recoverable under a tenancy to which paragraph 13 above applies;

and section 123(1) of the 1971 Act shall apply to any application to the sheriff under this paragraph as it applies to any application under any of the provisions mentioned in section 123(3) of that Act.

16E+WIn this Part of this Schedule—

  • “the 1971 Act means the M2Rent (Scotland) Act 1971;

  • “the 1972 Act means the M3Housing (Financial Provisions) (Scotland) Act 1972;

  • “the court means “the sheriff;

  • “the previous housing association tenancy, in relation to a tenancy to which paragraph 14 above applies, means the tenancy to which sections 60 to 66 of the 1972 Act applied which either became the protected tenancy by virtue of section 18(1) of this Act or came to an end as mentioned in paragraph 13(1)(a) above; and

other expressions used in this Part of this Schedule which are also used in the Rent (Scotland) Acts 1971 and 1972 shall have the same meanings in this Part as they have in those Acts.

Marginal Citations

F5SCHEDULE 4E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Schs. 4, 6, 10, 14 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

SCHEDULE 5E+W

F6Part IE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IIE+W

F71—3.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Schs. 1, 5 Pt. II paras. 1, 2, 3, 5 and Schs. 7, 9, 10A repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. 1 (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(3), Sch. 24

F84E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F95E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Schs. 1, 5 Pt. II paras. 1, 2, 3, 5 and Schs. 7, 9, 10A repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. 1 (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(3), Sch. 24

F10SCHEDULE 6E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Schs. 4, 6, 10, 14 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F11SCHEDULE 7E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Schs. 1, 5 Pt. II paras. 1, 2, 3, 5 and Schs. 7, 9, 10A repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. 1 (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(3), Sch. 24

Section 118.

SCHEDULE 8E+W Reduction of Rateable Value in Case of Certain Improvements

1(1)Where the tenant, or any previous tenant, has made or contributed to the cost of an improvement on the premises comprised in the tenancy and the improvement is one to which this Schedule applies, then, if the tenant serves on the landlord a notice in the prescribed form requiring him to agree to a reduction under this Schedule, their rateable value as ascertained for the purposes of [F12 section 1 of the Leasehold Reform Act 1967]F12 shall be reduced by such amount, if any, as may be agreed or determined in accordance with the following provisions of this Schedule.E+W

(2)This Schedule applies to any improvement made by the execution of works amounting to structural alteration, extension or addition.

Textual Amendments

2(1)The amount of any such reduction may at any time be agreed in writing between the landlord and the tenant.E+W

(2)Where, at the expiration of a period of six weeks from the service of a notice under paragraph 1 of this Schedule any of the following matters has not been agreed in writing between the landlord and the tenant, that is to say,—

(a)whether the improvement specified in the notice is an improvement to which this Schedule applies;

(b)what works were involved in it;

(c)whether the tenant or a previous tenant under the tenancy has made it or contributed to its cost; and

(d)what proportion his contribution, if any, bears to the whole cost;

the county court may on the application of the tenant determine that matter, F13...

(3)An application under the last foregoing sub-paragraph must be made within six weeks from the expiration of the period mentioned therein or such longer time as the court may allow.

3(1)Where, after the service of a notice under paragraph 1 of this Schedule, it is agreed in writing between the landlord and tenant or determined by the county court—E+W

(a)that the improvement specified in the notice is one to which this Schedule applies, and what works were involved in it, and

(b)that the tenant or a previous tenant under the tenancy has made it or contributed to its cost, and, in the latter case, what proportion his contribution bears to the whole cost, then if, at the expiration of a period of two weeks from the agreement or determination, it has not been agreed in writing between the landlord and the tenant whether any or what reduction is to be made under this Schedule, and the tenant, within four weeks from the expiration of that period, makes an application to the valuation officer for a certificate under the next following sub-paragraph, that question shall be determined in accordance with the certificate unless the landlord and the tenant otherwise agree in writing.

(2)On any such application the valuation officer shall certify—

(a)whether or not the improvement has affected the rateable value on the 1st April, 1973 (as ascertained for the purposes of [F14 section 1 of the Leasehold Reform Act 1967]F14), of the hereditament of which the premises consist or, as the case may be, in which they are wholly or partly comprised, and

(b)if it has, the amount by which the rateable value would have been less if the improvement had not been made.

(3)An application for such a certificate shall be in the prescribed form and shall state the name and address of the landlord, and the Valuation Officer shall send a copy of the certificate to the landlord.

(4)Where the amount of the reduction under this Schedule falls to be determined in accordance with such a certificate, it shall be equal to the amount specified in pursuance of head (b) of sub-paragraph (2) of this paragraph, but proportionately reduced in any case where a proportion only of the cost was contributed by the tenant or a previous tenant under the tenancy.

(5)Where at the time of an application for a certificate under this paragraph a proposal for an alteration in the valuation list relating to the hereditament is pending and the alteration would have effect from a date earlier than the 2nd April, 1973, the Valuation Officer shall not issue the certificate until the proposal is settled.

Textual Amendments

[F154E+WWhere a notice under paragraph 1 of this Schedule is served on or after 21st December 1979, the tenant shall bear the reasonable costs incurred by the landlord in investigating any matter specified in it.]

FORM . . .E+W

Leasehold Reform Act 1967E+W

Notice by Tenant to Landlord of Tenant’s Improvements affecting Rateable Value

Date

Tolandlord of

1E+W[I] [A previous tenant of the above mentioned premises under the tenancy] [made] [contributed to the cost of] the improvement[s] to the above mentioned premises particulars of which are set out in the First Schedule hereto (Note 1).

2E+WI hereby require you to agree to a reduction in the rateable value of the premises for the purposes of the Leasehold Reform Act 1967.

3E+WI propose that the rateable value shall be reduced to £ (Note 2).

4E+WIf you do not agree to this reduction (Note 3), do you agree that—

(a)the improvement[s] [is] [are] [an] improvement[s] made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto;

(b)the works set out in the Second Schedule hereto were involved in the making of the improvement[s];

(c)[I] [A previous tenant under the tenancy] [made the improvement[s]] [contributed to the cost of the improvement[s]];

(d)the proportion of the cost borne by me or a previous tenant is

Signature of tenant .

First ScheduleE+W

Description of Improvement(s)

Second ScheduleE+W

Description of Works

Strike out words in square brackets if inapplicable.

Note 1

The improvement must be one made by the execution of works amounting to the structural alteration or extension of the premises or a structural addition thereto, e.g. the erection of a garage in the grounds.

Note 2

If the amount of the reduction is agreed in writing between the landlord and the tenant, the amount of the reduced rateable value as so agreed will be substituted for the purposes of the M4Leasehold Reform Act 1967, for the rateable value on 1st April, 1973.

Marginal Citations

Note 3

If the amount of the reduction is not agreed in writing between the landlord and the tenant, the Valuation Officer will have to decide whether the improvement has affected the rateable value of the premises, and if so, what that value would have been had the improvement not been made. The name and address of the Valuation Officer can be obtained from the local authority. Before, however, an application is made to the Valuation Officer, the landlord and the tenant must try to agree in writing on the items mentioned at (a) to (d) of this paragraph, or such of those items as are material. If at the end of a period of six weeks after the service of this notice any of these items have not been agreed, the tenant may, within a further six weeks or so much longer time as the court may allow, apply to the county court to settle the matter.

If it has either been agreed or determined by the county court that there has been an improvement of the kind described in Note 1 involving specified works, and that the improvement was carried out by the tenant or a previous tenant, or that the tenant or a previous tenant contributed to its cost, and in the latter case what proportion the contribution bears to the whole cost of the works, then, if within a period of two weeks after the agreement or determination of the county court the landlord and the tenant have still not agreed in writing whether any or what reduction is to be made, the tenant has a further four weeks in which to make an application in the statutory form to the Valuation Officer for a certificate as to whether or not the improvement has affected the rateable value, and if so, the amount by which that value would have been less if the improvement had not been made.

FORM . . .E+W

Leasehold Reform Act 1967E+W

Application by Tenant to Valuation Officer for Certificate as to Reduction for the purposes of the Leasehold Reform Act 1967, in the Rateable Value of premises on account of Tenant’s Improvements

Date

To the Valuation Officer.

1 I am the tenant of , and my landlord is

of

2 It has been [agreed in writing between me and my landlord] [determined by the county court] that the improvement[s] specified in the First Schedule hereto [is an improvement] [are improvements] to which [F16Schedule 8 to the Housing Act 1974]F16 applies, and that I or a previous tenant under the tenancy made the improvement[s] or contributed to [its] [their] cost, and that the works specified in the Second Schedule hereto were involved in the improvement[s].

Textual Amendments

F16Words in para. 2 of the second Form set out in Sch. 8 substituted (3.10.1980) by Housing Act 1980 (c. 51), ss. 141, 153(4), Sch. 21 para. 8(e); S.I. 1980/1406, art. 3, Sch.

3 It has not been agreed between me and my landlord whether any or what reduction is to be made under said Schedule [F178]F17 in the rateable value of the premises for the purposes of the M5Leasehold Reform Act 1967, and I hereby make application to you for a certificate under paragraph 3(2) of the said Schedule [F178]F17(Note 4).

Textual Amendments

F17Words in para. 3 of the second Form set out in Sch. 8 substituted (3.10.1980) by virtue of Housing Act 1980 (c. 51), ss. 141, 153(4), Sch. 21 para. 8(e); S.I. 1980/1406, art. 3, Sch.

Marginal Citations

Signature of Tenant

First ScheduleE+W

Description of Improvement(s)

Second ScheduleE+W

Description of Works

Strike out words in square brackets if inapplicable.

Note 4

If the Valuation Officer certifies that the rateable value would have been less but for the improvement by the amounts mentioned in the certificate, the rateable value will be reduced by those amounts for the purposes of the Leasehold Reform Act 1967 except in the case where a proportion only of the cost was contributed by the tenant, in which case the amounts of the reductions will be proportionately reduced accordingly.

F18SCHEDULE 9E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Schs. 1, 5 Pt. II paras. 1, 2, 3, 5 and Schs. 7, 9, 10A repealed by Housing (Consequential Provisions) Act 1985 (c.71, SIF 61), s. 3, Sch. 1 Pt. 1 (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c.26, SIF 61), ss. 335, 339(3), Sch. 24

F19SCHEDULE 10E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Schs. 4, 6, 10, 14 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F20SCHEDULE 10AE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Ss.105–117, repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and ss. 107, 109, 116A, 117 repealed (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F21SCHEDULES 11E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22SCHEDULES 12E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Sch. 12 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Section 130.

SCHEDULE 13E+W+S Minor and Consequential Amendments

F231E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F242E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F253—11.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Sch. 13 paras. 3–11, 19, 20 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F2612—15.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2716, 17.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2818E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2919, 20.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29Sch. 13 paras. 3–11, 19, 20 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F3021E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3122E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23F32(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F33(2)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F32(5)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E+W+S

F3424E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34Sch. 13 paras. 24, 30–32, 35, 36, 40(6), Sch. 15 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F3525—29.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3630–32E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 13 paras. 24, 30–32, 35, 36, 40(6), Sch. 15 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F3733, 34.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3835, 36.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3937E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M6Land Compensation Act 1973E+W+S

Marginal Citations

38(1)In the Land Compensation Act 1973 (in this Schedule referred to as “the 1973 Act), in section 29 (right to home loss payment where person displaced from dwelling) subsection (1) shall be amended as follows :—E+W+S

F40(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41X1(b)in paragraph (c) after the words “the carrying out of there shall be inserted the words “any improvement to the dwelling or ofF42. . .]

[F41X1(c)for the words from “the acquiring authority to the end of the subsection there shall be substituted the following paragraphs :—

(i)where paragraph (b) above applies, the acquiring authority ;

(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution, accepted the undertaking or served the notice ;

(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment ; and

(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redevelopment.]

[F41X1(2)After subsection (3) of that section there shall be inserted the following subsection:—

(3A)For the purposes of this section a person shall not be treated as displaced from a dwelling on consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in subsection (1)(b) above or of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of the works specified in the undertaking or notice or, as the case may be, of the improvement in question.]

[F41X1(3)In subsection (7) of that section F43. . . the words “and “redevelopment includes a change of use shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

(7A)In this section—

“improvement includes alteration and enlargement ; and “redevelopment includes a change of use.]

Editorial Information

X1The text of Ss. 130(4), Sch. 13 paras. 38(1)(b)(c), 38(2)(3), 39(1)(b)(d), 39(2)–(4), 40(1)–(5)(7), 41, 42(1)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

39(1)In section 37 of the 1973 Act (disturbance payments for persons without compensatable interests) subsection (1) shall be amended—E+W+S

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45X2(b)by inserting, in paragraph (c), after the words “the carrying out of the words “any improvement to a house or building on the land or of ;]

F46(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45X2(d)by making the like amendments as are specified, in relation to section 29(1) of that Act, in paragraph 38(1)(c) above.]

[F45X2(2)Subsection (3) of that section shall be amended as follows :—

(a)for the words “or redevelopment as is mentioned in paragraph (a) or (c) there shall be substituted the words “improvement or redevelopment as is mentioned in paragraph (a), (c) or (d);

(b)for the words “or undertaking there shall be substituted the words “undertaking or improvement notice;

(c)for the words “or the undertaking was accepted there shall be substituted the words “the undertaking was accepted or the notice was served.]

[F45X2(3)After subsection (3) of that section there shall be inserted the following subsection:—

(3A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the service of such an improvement notice as is mentioned in paragraph (b) of that subsection or of the carrying out of any improvement to a house or building unless he is permanently displaced in the carrying out of the works specified in the undertaking or notice, as the case may be, of the improvement in question.]

[F45X2(4)In subsection (9) of that section after the word “undertaking there shall be substituted the word “ “improvement.]

Editorial Information

X2The text of Ss. 130(4), Sch. 13 paras. 38(1)(b)(c), 38(2)(3), 39(1)(b)(d), 39(2)–(4), 40(1)–(5)(7), 41, 42(1)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

40[F47X3(1)In section 39 of the Act of 1973 (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words “the carrying out of there shall be inserted the words “any improvement to a house or building on the land of or . . . F48.]E+W+S

[F47X3(2)In subsection (3) of that section after the word “demolition there shall be added the words “or improvement.]

[F47X3(3)In subsection (6) of that section after the words “such acquisition there shall be inserted the word “improvement, after the words “paragraph (b) of that subsection there shall be inserted the words “or of such an improvement notice as is mentioned in paragraph (d) of that subsection and for the words “or the undertaking was accepted there shall be substituted the words “the undertaking was accepted or the notice was served.]

[F47X3(4)After subsection (6) of that section there shall be inserted the following subsection:—

(6A)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acceptance of an undertaking, of the carrying out of any improvement to a house or building or of the service of such an improvement notice as is mentioned in paragraph (d) of that subsection unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of the works specified in the undertaking, the carrying out of the improvement or, as the case may be, the carryong out of the works specified in the notice.]

[F47X3(5)In subsection (7) of that section for the words “subsection (8) there shall be substituted the words “subsections (8) and (8A).]

F49(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47X3(7)In subsection (9) of that section after the word “undertaking there shall be inserted the word “improvement.]

Editorial Information

X3The text of Ss. 130(4), Sch. 13 paras. 38(1)(b)(c), 38(2)(3), 39(1)(b)(d), 39(2)–(4), 40(1)–(5)(7), 41, 42(1)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F49Sch. 13 paras. 24, 30–32, 35, 36, 40(6), Sch. 15 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

[F50X441(1)In section 43 of the 1973 Act (power to defray expenses in connection with acquisition of new dwellings) in subsection (1),—E+W+S

(a)for the words “any such acquisition as is mentioned in section 39(1)(a) above, there shall be substituted the words “any of the events specified in paragraph (a) to (d) of section 39(1) above; and

(b)for the words “the acquiring authority there shall be substituted the words “then, according to the nature of the event in consequence of which he was displaced, the acquiring authority who made the order, passed the resolution, accepted the undertaking or served the notice or the authority carrying out the improvement or redevelopment.

(2)In subsection (4) of that section for the words “and (6) there shall be substituted the words “(6) and (6A) and for the words “subsection (1)(a) there shall be substituted the words “any provision of subsection (1).]

Editorial Information

X4The text of Ss. 130(4), Sch. 13 paras. 38(1)(b)(c), 38(2)(3), 39(1)(b)(d), 39(2)–(4), 40(1)–(5)(7), 41, 42(1)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

The M7Land Compensation (Scotland) Act 1973E+W+S

Marginal Citations

42(1)In section 27 of the Land Compensation (Scotland) Act 1973 (right to home loss payment where person displaced from dwelling), subsection (1) shall be amended as follows :—E+W+S

X5(a)in paragraph (c) after the words “the carrying out of there shall be inserted the words “any improvement to the dwelling or ofF51. . .

X6(b)for the words “the acquiring authority to the end of the subsection there shall be substituted the following paragraphs:—

(i)where paragraph (a) above applies, the acquiring authority ;

(ii)where paragraph (b) above applies, the authority who made the order, passed the resolution or accepted the undertaking ;

(iii)where paragraph (c) above applies, the authority carrying out the improvement or redevelopment ; and

(iv)where paragraph (d) above applies, the housing association carrying out the improvement or redvelopment.

X6(2)After subsection (3) of that section there shall be inserted the following subsection :—

(3A)For the purposes of this section a person shall not be treated as displaced from a dwelling in consequence of the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of of the carrying out of the improvement in question.

X6(3)In subsection (7) of that section the words “and “redevelopment includes a change of use shall be omitted and at the end of that subsection there shall be inserted the following subsection :—

(7A)In this section

“improvement includes alteration and enlargement; and

“redevelopment includes a change of use.

Editorial Information

X5The text of Ss. 130(4), Sch. 13 paras. 38(1)(b)(c), 38(2)(3), 39(1)(b)(d), 39(2)–(4), 40(1)–(5)(7), 41, 42(1)(a) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

X6The text of Ss. 11, 118(3)(4), Sch. 13 paras. 42(1)(b)(2)(3), 43(1)(a)(c), 43(2)–(4), 44–46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendmendts or repeals which may have been made prior to 1. 2. 1991.

Textual Amendments

43(1)In section 34 of that Act (disturbance payments for persons without compensatable interests), subsection (1) shall be amended—E+W+S

X7(a)by inserting, in apragraph (c), after the words “the carrying out of, the words “any improvement to a house or building on the land or of;

F52(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X7(c)by making the amendments as are specified, in relation to section 27(1) of that Act, in paragraph 42(1)(b) above.

X7(2)After subsection (3) of that section for the words “or redevelopment as is mentioned in paragraph (a) or (c) there shall be substituted the words “improvement or redevelopment as is mentioned in paragraph (a) or (d).

X7(3)After subsection (3) of that section there shall be inserted the following subsection :—

(3)For the purposes of subsection (1) above a person shall not be treated as displaced in consequence of the acrrying out of any improvement to a house or builsing unless he is permanently displaced in consequence of the carrying out of the improvement in question.

X7(4)In subsection (8) of that section after the word “undertaking there shall be inserted the word “improvement.

Editorial Information

X7The text of Ss. 11, 118(3)(4), Sch. 13 paras. 42(1)(b)(2)(3), 43(1)(a)(c), 43(2)–(4), 44–46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendmendts or repeals which may have been made prior to 1. 2. 1991.

Textual Amendments

X844(1)In section 36 of that Act (duty to rehouse residential occupiers) in paragraph (c) of subsection (1) after the words “the carrying out of there shall be inserted the words “any improvement to a house or building on the land or of.E+W+S

(2)In subsection (3) of that section after the word “demolition there shall be added the words “or improvement.

(3)In subsection (6) of that section after the words “such acquisition there shall be inserted the word “inprovement.

(4)In subsection (9) of that section after the word “undertaking there shall be inserted the word “ “improvement.

Editorial Information

X8The text of Ss. 11, 118(3)(4), Sch. 13 paras. 42(1)(b)(2)(3), 43(1)(a)(c), 43(2)–(4), 44–46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendmendts or repeals which may have been made prior to 1. 2. 1991.

X945(1)In section 40 of that Act (power to defray expenses in connection with the acquisition of new dwellings) in subsection (1)—E+W+S

(a)for the words “any such acquisition as is mentioned in section 36(1)(a) above, there shall be substituted the words “any of the events specified in paragraphs (a) to (c) of section 36(1) above; and

(b)for the words “the acquiring authority there shall be substituted the words “then, according to the nature of the event in consequence of which he was displaced, the acquiring authority, the authority who made the order, passed the resolution or accepted the undertaking or the authority carrying out the improvement or re-development.

(2)In subsection (4) of that section for the words “subsection (1)(a) there shall be substituted the words “any provisions of subsection (1).

Editorial Information

X9The text of Ss. 11, 118(3)(4), Sch. 13 paras. 42(1)(b)(2)(3), 43(1)(a)(c), 43(2)–(4), 44–46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendmendts or repeals which may have been made prior to 1. 2. 1991.

M8Local Government (Scotland) Act 1973E+W+S

Marginal Citations

Prospective

X1046(1)Section 131(3) shall cease to have effect.E+W+S

(2)In Schedule 12, in paragraph 6, in the substituted section 1 for the words “sections 152 and 153 there shall be substituted the words “section 152; and paragraph 11 shall be omitted.

Editorial Information

X10The text of Ss. 11, 118(3)(4), Sch. 13 paras. 42(1)(b)(2)(3), 43(1)(a)(c), 43(2)–(4), 44–46 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendmendts or repeals which may have been made prior to 1. 2. 1991.

F53SCHEDULE 14E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53Schs. 4, 6, 10, 14 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

F54SCHEDULE 15E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54Sch. 13 paras. 24, 30–32, 35, 36, 40(6), Sch. 15 repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I (by s. 6(3) it is provided that s. 3 and Sch. 1 Pt. 1 of the Act extend to England And Wales) and (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339(3), Sch. 24

Back to top

Options/Help