C1C2C3PART XVI ASSISTANCE FOR OWNERS OF DEFECTIVE HOUSING

Annotations:
Modifications etc. (not altering text)
C2

Pt. XVI (Ss. 527–577) modified by S.I. 1986/797, regs. 2, 3–18

C3

Pt. XVI (Ss. 527–577): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Pt. XVI (ss. 527-577) extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 21(e) (with ss. 54(5)(7), 55(5))

Pt. XVI (ss. 527-577) modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 8(d)

Miscellaneous

563 Duties of public sector authority disposing of defective dwelling.

1

A public sector authority shall, where a person is to acquire a relevant interest in a defective dwelling on a disposal by the authority, give him notice in writing before the time of the disposal—

a

specifying the qualifying defect, and

b

stating that he will not be eligible for assistance under this part in respect of the dwelling.

2

A public sector authority shall, before they convey a relevant interest in a defective dwelling in pursuance of a contract to a person on whom a notice under subsection (1) has not been served, give him notice in writing—

a

specifying the qualifying defect,

b

stating, where the time of disposal of the interest falls after the cut-off date, that he will not be eligible for assistance under this Part, and

c

stating the effect of subsection (3)

3

A person on whom a notice under subsection (2) is served—

a

is not obliged to complete the conveyance before the expiry of the period of six months beginning with the service of that notice on him, and

b

may within that period withdraw from the transaction by notice in writing to the authority to that effect;

and upon such a notice of withdrawal being given to the authority the parties to the contract are discharged from any obligations in connection with it and any deposit paid shall be repaid.

4

Where a public sector authority are required to serve a notice under section 124 (landlord’s response to notice claiming to exercise right to buy) in respect of a defective dwelling, the notice under subsection (1) shall be served with that notice.

5

A notice under subsection (1) or (2) shall, (except in the case of a notice under subsection (1) which is served in accordance with subsection (4)), be served at the earliest date at which it is reasonably practicable to do so.