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Housing Defects Act 1984

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8(1)Subject to paragraph 9(3) below, a conveyance executed under an agreement entered into in pursuance of section 6 of this Act shall, by virtue of this paragraph, be effective—

(a)to discharge the interest acquired—

(i)from any relevant charge to which it is subject immediately before it is conveyed to the authority, and

(ii)from the operation of any order made by a court for the enforcement of such a charge ; and

(b)to extinguish any term of years created for the purposes of such a charge ;

without the persons entitled to or interested in such a charge, order or term of years becoming parties to or executing the conveyance.

(2)The effect of this paragraph is restricted to discharging the interest acquired from the charge concerned and does not affect personal liabilities.

(3)For the purposes of this paragraph, a charge is a relevant charge if—

(a)it secures the performance of an obligation, and

(b)it is not—

(i)a local land charge, or

(ii)a charge which would be overreached apart from this paragraph.

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