Housing Act 1985

[F1 Initial demolition notices E+W

Textual Amendments

F1 Sch. 5A inserted (18.1.2004) by Housing Act 2004 (c. 34), ss. 183(3), 270(3)(a), Sch. 9

1 (1) For the purposes of this Schedule an “initial demolition notice”is a notice served on a secure tenant— E+W

(a) stating that the landlord intends to demolish the dwelling-house or (as the case may be) the building containing it (“the relevant premises”),

(b) setting out the reasons why the landlord intends to demolish the relevant premises,

(c) specifying the period within which he intends to demolish those premises, and

(d) stating that, while the notice remains in force, he will not be under any obligation to make such a grant as is mentioned in section 138(1) in respect of any claim made by the tenant to exercise the right to buy in respect of the dwelling-house.

(2) An initial demolition notice must also state—

(a) that the notice does not prevent—

(i) the making by the tenant of any such claim, or

(ii) the taking of steps under this Part in connection with any such claim up to the point where section 138(1) would otherwise operate in relation to the claim, or

(iii) the operation of that provision in most circumstances where the notice ceases to be in force, but

(b) that, if the landlord subsequently serves a final demolition notice in respect of the dwelling-house, the right to buy will not arise in respect of it while that notice is in force and any existing claim will cease to be effective.

(3) If, at the time when an initial demolition notice is served, there is an existing claim to exercise the right to buy in respect of the dwelling-house, the notice shall—

(a) state that section 138C confers a right to compensation in respect of certain expenditure, and

(b) give details of that right to compensation and of how it may be exercised.

(4) The period specified in accordance with sub-paragraph (1)(c) must not—

(a) allow the landlord more than what is, in the circumstances, a reasonable period to carry out the proposed demolition of the relevant premises (whether on their own or as part of a scheme involving the demolition of other premises); or

(b) in any case expire more than [F2 seven] years after the date of service of the notice on the tenant.]

Textual Amendments

F2 Word in Sch. 5A para. 1(4)(b) substituted (22.9.2008) by Housing and Regeneration Act 2008 (c. 17), ss. 305, 325(2), Sch. 13 para. 7 (with Sch. 13 para. 14)