SCHEDULE 13 Further Provisions Relating to Control Orders under Part XI
Part III Cessation of Control Order
Revocation of order by county court on appealagainst making of order
18
(1)
If a control order is revoked by the county court on an appeal against the order, the local housing authority shall pay to the dispossessed proprietor the balances, which from time to time accrued to the authority after deducting from the rent or other payments received by the authority from persons occupying the house—
(a)
the compensation payable by the authority to the dispossessed proprietor, and
(b)
all expenditure (other than capital expenditure) incurred by the authority in respect of the house while the control order was in force.
(2)
If the court is satisfied that the balances which the local housing authority are under sub-paragraph (1) liable to pay to the dispossessed proprietor are unduly low for any reason within the control of the authority, having regard to—
(a)
the desirability of observing the standards of management contained in regulations made under section 369 (the management code), and
(b)
the other standards which the authority ought to observe as to the number of persons living in the house and the rents which they ought to charge,
the court shall direct that, for the purposes of the authority’s liability to the dispossessed proprietor under this paragraph, the balances under sub-paragraph (1) shall be deemed to be such greater sums as the court may direct.
(3)
The court shall not under sub-paragraph (2) give a direction which will afford to the dispossessed proprietor a sum greater than what he may, in the opinion of the court, have lost by the making of the control order.
(4)
If different persons are dispossessed proprietors of different parts of the house, sums payable under this paragraph by the local housing authority shall be apportioned between them in the manner provided by paragraph 14.