Housing Act 1985

Use of condemned houses for temporary housing accommodation E+W

300 Purchase of houses liable to be demolished or closed. E+W

(1) Where the local housing authority would be required under [F1 section 264 or] section 265 to make a demolition or closing order in respect of a [F2 dwelling-house (not being a flat), a house in multiple occupation (not being a flat in multiple occupation) or the whole of a building], they may, if it appears to them that the [F3 dwelling-house, house in multiple occupation or, as the case may be, building] is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, purchase it instead.

(2) Where an authority have determined to purchase [F4 any premises] under this section—

(a) they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition or closing order, and

(b) sections 268(2) and [F5 269(1), (2), (3) and (6)] (operative date and right of appeal) apply to such a notice as they apply to a demolition or closing order.

(3) At any time after the notice has become operative the authority may purchase the [F6 dwelling-house, house in multiple occupation or building] by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(5) This section does not apply where section 304(1) applies (listed building or building protected pending listing).

Textual Amendments

F1 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(1)(a)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(1)(b)

F3 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(1)(c)

F4 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(2)(a)

F5 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(2)(b)

F6 Words substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 29(3)

F7 S. 300(4) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II

301 Retention of houses acquired for clearance. E+W

(1) The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of [F8 residential buildings] on land purchased by them within the area if, in their opinion, the [F8 residential buildings] are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.

(2) Where the local housing authority are satisfied that a [F9 residential building] on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes—

(a) is required for the support of a [F9 residential building] which is so retained, or

(b) should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).

they may retain the [F9 residential building] for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.

(3) Where the demolition of any [F10 residential buildings] in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than [F10 residential buildings] within the area.

[F11 (4) In this section and section 302 “residential building” has the same meaning as it has in section 289.]

Textual Amendments

F8 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 30(1)

F9 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 30(2)

F10 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 30(3)

F11 S. 301(4) inserted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 30(4)

302 Management and repair of houses acquired under s. 300 or retained under s. 301 E+W

Where a [F12 residential building] is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—

(a) the authority have the like powers in respect of the [F12 residential building] as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);

(b) the authority may carry out such works as may from time to time be required for rendering and keeping the [F12 residential building] capable of providing accommodation of a standard which is adequate for the time being pending its demolition;

(c) section 8 of the M1 Landlord and Tenant Act 1985 (implied condition of fitness for human habitation) does not apply to a contract for the letting of the [F13 residential building or any flat in the building] by the authority.

Textual Amendments

F12 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 31(a)

F13 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 31(b)

Marginal Citations

M1 1985 c. 70.