Housing Act 1985

584 Power to enter and determine short tenancies of land acquired or appropriated. E+W

(1) This section applies where a local housing authority have agreed to purchase or have determined to appropriate land for the purposes of—

• Part II (provision of housing),

• Part VIII (area improvement), . . . F1

• the provisions of Part IX relating to clearance areas [F2 or

• Part VII of the Local Government and Housing Act 1989 (renewal areas)],

subject to the interest of the person in possession of the land.

(2) If that person’s interest is not greater than that of a tenant for a year, or from year to year, the authority may, after giving him not less than 14 days’ notice, enter on and take possession of the land, or such part of the land as is specified in the notice, without previous consent.

(3) The power conferred by subsection (2) may be exercised at any time after the making of the agreement or determination, except where the appropriation requires Ministerial consent in which case the power is not exercisable until that consent has been given.

(4) The exercise of the local housing authority’s power under subsection (2) is subject to the payment to the person in possession of the like compensation, and interest on the compensation awarded, as would be payable if—

(a) the authority had been authorised to acquire the land compulsorily, and

(b) that person had been required in pursuance of their powers in that behalf to quit possession before the expiry of his term or interest in the land;

but without any necessity for compliance with section 11 of the Compulsory Purchase Act 1965 (which prohibits entry on the land acquired before the compensation has been ascertained and paid or secured).

Textual Amendments

F1 Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 86

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(1), Sch. 11 para. 86